Employment

  • August 27, 2015

    Genesis Healthcare Faces FCA Row Over Unneeded Therapies

    Genesis Healthcare LLC is facing a consolidated False Claims Act suit brought by a group of therapists who claim the health care provider overcharged the government for therapies and put patients through unnecessary treatments to extract more money, according to a complaint unsealed Thursday in Pennsylvania federal court.

  • August 27, 2015

    DOL Sues Ohio Televangelist's Buffet For Wage Violations

    A televangelist served up pizza casserole and baked chicken at his Ohio buffet restaurant together with numerous sides of labor law violations, a filing in Ohio federal court alleges.

  • August 27, 2015

    Minor Leaguers' MLB Antitrust Pay Case Could Strike Out

    A California federal judge on Thursday sounded ready to dismiss a putative class action accusing Major League Baseball of violating federal antitrust law by suppressing minor leaguers’ compensation, saying the Ninth Circuit this year affirmed that Major League Baseball remains exempt under antitrust law.

  • August 27, 2015

    Morgan Stanley Hit With $20M Retaliatory-Firing Suit

    Morgan Stanley was sued for $20 million on Thursday by two former brokers who say they were fired in retaliation for bringing up fraud and illegal activity at the megabank.

  • August 27, 2015

    Wash. Public Worker Must Reveal Texts On Personal Phone

    A public employee’s work-related texts sent on a private cellphone while working are public records subject to disclosure, the Washington Supreme Court ruled Thursday, ordering a county prosecutor to produce text messages in response to a records request.

  • August 27, 2015

    DOL, USCIS Seek Ideas On Info Collection Changes

    U.S. Citizenship and Immigration Services has issued a notice extending the period for public comment on its information collection regarding the L-1 blanket petition, while the U.S. Department of Labor has issued its own notice asking for revisions to the National Agriculture Workers Survey.

  • August 27, 2015

    11th Circ. Revives Ex-TransUnion Exec's Noncompete Battle

    The Eleventh Circuit on Thursday ruled that a lower court erred by finding that a section of Florida’s noncompete law could be used to enforce injunctions on restrictive covenants, reviving an executive’s bid to kill enforcement of his agreement with TransUnion Risk and Alternative Data Solutions Inc.

  • August 27, 2015

    Oil Well Monitors Score Cert. In OT Collective Action

    Flow testers responsible for monitoring oil and gas wells scored conditional certification in Texas federal court Thursday in a collective action accusing their employer of violating the Fair Labor Standards Act by improperly classifying them as independent contractors in order to stiff them on overtime pay.

  • August 27, 2015

    3rd Circ. Won't Revive Quest Diagnostics Kickbacks Row

    The Third Circuit refused Wednesday to revive a suit brought by a Pennsylvania physician alleging Quest Diagnostics Inc. offered doctors perks and kickbacks for referrals, holding he failed to overcome the False Claims Act's provisions prohibiting claims based on information that’s already publicly disclosed.

  • August 27, 2015

    Clerk’s Appeal Can’t Hold Up Marriage Licenses, 6th Circ. Says

    A Kentucky clerk who has refused to hand out any marriage licenses in protest of the U.S. Supreme Court’s landmark decision legalizing same-sex marriage nationwide must issue licenses while appealing her case, the Sixth Circuit ruled Wednesday.

  • August 27, 2015

    CVS Warehouse Workers Lower Attys' Fee Request In Deal

    Counsel for CVS Pharmacy Inc. warehouse employees on Wednesday reduced their requested attorneys’ fees in a $900,000 deal to settle claims that CVS didn't compensate them for off-the-clock work, after a California magistrate judge said counsel’s previous request was too high.

  • August 27, 2015

    DOL Contracting Rule Needs More Dialogue, ABA Says

    A division of the American Bar Association asked the U.S. Department of Labor and the Federal Acquisition Regulatory Council on Wednesday to revoke and reissue proposed guidance for a proposed contracting regulation, saying the rule needs more vetting by stakeholders. 

  • August 27, 2015

    Air Force Drone Contractor Pays Nearly $1M In Back Wages

    General Atomics Aeronautical Systems Inc. has paid 901 employees a total of $945,000 in back wages after a U.S. Department of Labor investigation found it was paying remote job site workers based on where they were based, not where they did the job, according to an announcement Thursday.

  • August 27, 2015

    BofA Slams 'Vexatious' Objector To $9M Part-Timers Deal

    Bank of America Corp., along with the lead class plaintiff accusing the bank of shorting part-time employees, on Wednesday criticized objections to a $9 million settlement of the suit as frivolous and the work of a serial vexatious litigant.

  • August 27, 2015

    EEOC Wants In On Oral Arguments In Sage Trans Bias Case

    The Equal Employment Opportunity Commission wants to argue on behalf of a transgender truck driving instructor who is trying to revive a sex discrimination suit against Sage Corp., telling the Fifth Circuit Wednesday the case raises a critical question about workplace discrimination.

  • August 27, 2015

    Calif. Court Urged to Depublish Chipotle Class Cert. Ruling

    The California Supreme Court should depublish an appellate decision delaying the appeal of Chipotle Mexican Grill Inc. employees' denied class certification, a lawyers association argued Wednesday, saying the ruling will create confusion  about how to balance the timing of an appeal and litigants' rights and clashes with longstanding precedent.

  • August 27, 2015

    UAW Wants Atty Sanctioned For 'Baseless' Suit

    United Automobile Workers asked a Michigan federal court Wednesday to sanction the attorney for a number of current and former Automotive Component Carrier LLC employees alleging their union rights have been violated, saying the lawyer should have known there was no basis for the claims.

  • August 27, 2015

    NLRB Adopts New Test For Determining Joint-Employer Status

    The National Labor Relations Board “refined” its test for determining joint-employer status Thursday, in a highly anticipated split decision that concluded Browning-Ferris Industries of California Inc. was a joint employer of workers provided by a staffing agency at a BFI recycling plant.

  • August 27, 2015

    AT&T Can't Ax $1.4B FCA Suit, Whistleblower Says

    A Los Angeles city government contractor asserted Wednesday that his renewed $1.4 billion False Claims Act suit sufficiently alleges AT&T Corp. deliberately denied the federal government discounts given to commercial customers, urging a California federal court Wednesday to ignore AT&T's dismissal bid.

  • August 27, 2015

    H-1B Worker Asks Full 3rd Circ. To Review Law Firm Fraud Suit

    An H-1B worker who has accused a Pennsylvania law firm of fraudulent misrepresentation asked the full Third Circuit to review his case Wednesday, arguing a panel decision to toss his lawsuit will have a negative impact on victims of workplace discrimination.

Expert Analysis

  • Taking On LGBT Issues In The Texas Workplace

    Stephen J. Roppolo

    Same-sex marriage. Sexual orientation anti-discrimination ordinances. Transgender accommodations. Texas employers, already buffeted by changes in union organizing and wage-and-hour rules, should come to grips with the legislative and enforcement landscape over LGBT rights since the only constant in employment law is more change, says Stephen Roppolo of Fisher & Phillips LLP.

  • Mitigating FCA Whistleblower Risk When Employees Leave

    David Pivnick

    Effective exit interviews and questionnaires can be an important component in preventing and hindering future False Claims Act litigation. It is important to make departing employees feel comfortable revealing not only specific fraudulent activity, if identified, but also general disquiet about the company’s compliance culture, say members of McGuireWoods LLP, Duff & Phelps LLC and Axiom Law.

  • Don't Ignore Small And Midsize Health FCA Settlements

    Michael A. Filoromo III

    While the dollar figures involved in fraudulent schemes committed by small and midsize health providers pale in comparison to the record-setting $3 billion settlement with GlaxoSmithKline PLC, they are nonetheless substantial and can result in significant awards through the qui tam provisions of the federal False Claims Act, says Michael Filoromo III of Katz Marshall & Banks LLP.

  • Paid Sick Leave For Contractors Is Par For The Course

    Joshua F. Alloy

    President Obama's expected executive order on paid sick leave for workers employed by federal contractors and subcontractors is the latest in a series of employment-related executive orders intended to improve wages, benefits and terms and conditions of employment for employees of government contractors, says Joshua Alloy of Arnold & Porter LLP.

  • 1st Of Its Kind FCA Settlement May Not Be Last

    Andrew J. Finan

    The U.S. Department of Justice is claiming the settlement agreement with Pediatric Services of America Inc. is a “first of its kind” settlement because it is the first involving a health care provider’s failure to investigate, report and repay overpayments received from federal health care programs under Section 6402 of the Affordable Care Act. While the agreement may be the first of its kind, it likely won't be the last, says Andr... (continued)

  • Flawed Logic In DOL's Proposed White Collar Salary Test

    Deborah K. Foster

    The U.S. Department of Labor's justification for the historically high salary test for the white collar exemptions to the Fair Labor Standards Act is based on the assumption that workers who will fail the new salary test would also fail the duties test. However, comparisons of the likelihood of passing the duties test to average salaries by occupation demonstrate that assumption does not always hold, say economists at Edgeworth Economics LLC.

  • 5 Legal Considerations Before Firing Employees In Calif.

    Joshua R. Dale

    Unfortunately, wrongful termination lawsuits have increased. Particularly in California, once you decide to terminate an employee, there are a number of steps to take and considerations to make to protect your interests and ensure you conduct the termination with dignity, says Joshua Dale of Michel & Associates PC.

  • Confusion Over FCA’s Seal Requirements Continues

    Robert J. Sherry

    The Fifth Circuit's decision in Rigsby v. State Farm Fire & Casualty Co. and the Fourth Circuit's decision in Smith v. Clark/Smoot/Russell reaffirm that federal courts are highly reluctant to dismiss cases brought under the False Claims Act for breaches of its seal provisions. They also reinforce divisions among the circuits concerning the applicable standards for such dismissals, says Robert Sherry of Morgan Lewis & Bockius LLP.

  • 7th Circ. Again Limits Dukes, This Time In Teacher Case

    Gerald L. Maatman Jr.

    Chicago Teachers Union Local No. 1 v. Board of Education of the City of Chicago is significant for employers in that the Seventh Circuit, as it did in McReynolds v. Merrill Lynch Pierce Fenner & Smith Inc., certified a race discrimination class action even though the final alleged discriminatory decisions were based on subjective decisions by multiple decision makers. In so doing, the court further limited Wal-Mart Stores Inc. v. D... (continued)

  • A Tale Of 2 Cases Shows Dilemma Over Workplace Violence

    Mark A. Lies II

    The Ninth Circuit's ruling in Mayo v. PCC Structurals Inc. and an Occupational Safety and Health Review Commission administrative law judge's decision in Secretary of Labor v. Integra Health Management Inc. illustrate the competing liabilities health care employers face in their decision-making when responding to workplace violence, say Mark Lies II and Craig Simonsen of Seyfarth Shaw LLP.