The U.S. Department of Labor sided with two workers in Houston, Texas, after they raised asbestos concerns and were fired. Now, two Houston-based construction companies, Rise Construction LLC and Niko Group LLC, must pay more than $200,000 in back wages and reinstate the employment of the two workers.
The companies’ owners are Jivar Foty and Jessica Foty.
Background of the Story
Hurricane Beryl hit southeast Texas in July 2024 as a category 1 storm, causing damage to buildings in and around Houston. Any buildings constructed during the 20th century likely contain asbestos, which is a natural mineral that can add durability to buildings, automobiles, and more.
Asbestos is also capable of causing cancer. When disturbed, sharp fibers break apart and float in the air. Workers or residents can inhale the fibers and develop cancer or other diseases. Mesothelioma, a fast-spreading and deadly type of cancer, is notoriously linked to asbestos exposure.
Construction work on a hotel in Houston led to two workers raising concerns about the handling and disposal of asbestos on the job site. This allegedly led to a retaliatory firing from the companies they worked for, which is against the law.
Workers’ Asbestos Complaints
The workers believe the companies fired them after raising concerns to the companies’ owners about the lack of staff training, certification training for handling asbestos, and personal protective equipment for working with asbestos. They also flagged that the companies were engaging in the illegal dumping of asbestos. These are protected complaints under the Clean Air Act, Solid Waste Disposal Act, and Toxic Substances Control Act.
The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) investigated the whistleblower complaint and determined the firings were retaliatory. This ruling led to the ordering of back pay and the reinstatement of employment.
OSHA enforces 25 whistleblower statutes to protect employees from retaliation for reporting potential violations involving safety, health, environmental protection, and other public health concerns.
Toxic Substances Control Act
The Toxic Substances Control Act of 1976 provides the Environmental Protection Agency with authority to require reporting, record-keeping and testing requirements, and restrictions relating to chemical substances and/or mixtures. This act addresses the production, importation, use, and disposal of specific chemicals, including asbestos.
Solid Waste Disposal Act
The Solid Waste Disposal Act (SWDA) regulates waste management, aimed at reducing environmental pollution from industrial, municipal, and household refuse. This includes the disposal of asbestos and materials containing asbestos.
Clean Air Act
The Clean Air Act curbs major threats to the environment and health of millions of Americans. One of the threats covered is toxic air emissions, which includes asbestos.
Sources & Author
- US Labor Department orders Texas companies to pay more than $200K in back wages, damages to workers fired after raising asbestos concerns. U.S. Department of Labor. Retrieved from: https://www.dol.gov/newsroom/releases/osha/osha20260212. Accessed: 02/18/2026.
- Summary of the Toxic Substances Control Act. United States Environmental Protection Agency. Retrieved from: https://www.epa.gov/laws-regulations/summary-toxic-substances-control-act. Accessed: 02/18/2026.
- Overview of the Clean Air Act and Air Pollution. United States Environmental Protection Agency. Retrieved from: https://www.epa.gov/clean-air-act-overview. Accessed: 02/18/2026.
