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VBH-0014 - In the Matter of Roy Leonard Moxley

This Initial Agency Decision concerns a whistleblower complaint filed by Roy Leonard Moxley against his employer, Westinghouse Savannah River Company (WSRC), under the Department of Energy’s (DOE) Contractor Employee Protection Program, 10 C.F.R. Part 708. At all times relevant to this proceeding, WSRC was the management and operating contractor at the DOE’s Savannah River Site in Aiken, South Carolina. Mr. Moxley alleges that during a period of at least two years, he made several disclosures to WSRC that its personnel practices were in violation of the Fair Labor Standards Act (FLSA). According to Mr. Moxley, WSRC demoted him in October 1996 as a consequence of his disclosure. As discussed below, I have determined that Mr. Moxley is entitled to relief because WSRC has not proven by clear and convincing evidence that it would have taken the same action against him had he not made those disclosures.