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California Court Finds Lack of Evidence Undermines False Claims Act and Retaliation Claims

The Southern District of California recently issued a favorable ruling for employers under both the False Claims Act and California’s retaliatory discharge provision codified at California Labor Code section 1102.5. The court...more

BREAKING: EEOC Seeks Court Order To Halt Honeywell’s Biometric Testing

The Equal Employment Opportunity Commission filed a petition yesterday in federal court in Minnesota to stop Honeywell International, Inc., from requiring that employees (and spouses, if the employees have family health...more

A PIP of a Discharge Claim

If you put an employee on a performance improvement plan (“PIP”), can he resign, sue on some theory or other, and collect damages as though he had been discharged? Two employees in Texas tried it. The employees contended that...more

With Prejudice: Judge Dismisses FCA Claim and Orders Sanctions Against Attorney

On October 16, 2014, United States Magistrate Judge Jeremiah McCarthy of the Western District of New York issued a Report and Recommendation to District Judge William Skretny in which he recommended dismissal with prejudice...more

Taiwan Food Company, Oil Fraud... and Sherlock Holmes?

Soiled oil taking its toll - Earlier this month, a major Taiwan food company was forced to recall their tainted food products—so countless Taiwanese citizens are eating safer tonight, and it’s all because of a food...more

Wal-Mart Stores East Will Pay $72,500 to Settle EEOC Disability Discrimination Lawsuit

Retailer Refused to Reasonably Accommodate Applicant With End-Stage Renal Disease, Federal Agency Charged - BALTIMORE - Wal-Mart Stores East, L.P., will pay $72,500 and provide significant equitable relief to settle a...more

And You Thought a One-Third Contingency Was High

On Tuesday a federal court in Illinois awarded fees of $200,000 to attorneys for a whistleblower in a False Claims Act action. Not impressed? Well, consider this: the whistleblower got a little less than $30,000. Figured...more

Seventh Circuit Reminds Attorneys to Conduct “Reasonable Amount of Legal Research” Before Filing Claims

Under the federal civil rights statutes, plaintiffs who prevail ordinarily receive an award of attorneys’ fees that must be paid by the defendant. But, in order not to deter plaintiffs from filing such claims, the reverse is...more

Braun Electric to Pay $82,500 to Settle EEOC Sexual Harassment Suit

California Company Failed to Address a Sexually Hostile Work Environment Created by a Manager, Federal Agency Charged - FRESNO, Calif. - Bakersfield, Calif.-based Braun Electric Company will pay $82,500 and furnish...more

ARB Affirms Blacklisting Award To Whistleblower

The ARB upheld a damages award in favor of a whistleblower after his former employer purportedly “blacklisted” him by providing an apparently negative employment reference to a prospective employer. Timmons v. CRST Dedicated...more

District Judge Allows Rail Union to Side Step Rule 23 with Pattern-Or-Practice Claim

A federal district judge in Hammond, Indiana, has permitted a rail union to pursue injunctive remedies in a Title VII pattern-or-practice discrimination claim on behalf of its black members without compliance with Rule 23. In...more

Atchison Transportation to Pay $85,000 to Settle EEOC Age Discrimination Suit

Transportation Company Fired Older Drivers Because of Their Age, Federal Agency Charged - SPARTANBURG, S.C. - Spartanburg, S.C.-based Atchison Transportation Services, Inc., the largest full-service ground...more

Inflexible Leave Policies and the EEOC

The last several years have seen the Equal Employment Opportunity Commission (“EEOC”) take an aggressive stance on inflexible leave policies. According to the EEOC, these policies – which subject employees to termination...more

Oklahoma Chicken Express Franchiser to Pay $15,000 to Settle EEOC National Origin Discrimination Suit

Restaurants Exploited Class of Hispanic Cooks by Failing to Pay Overtime, Federal Agency Charged - OKLAHOMA CITY, Okla. - NSC Chicken, LP, dba Chicken Express, will pay $15,000 and furnish other relief to settle a...more

Another Hefty OSHA Whistleblower Award + Reinstatement

On September 26, 2014, OSHA issued a preliminary order that an Illinois employer, Stericycle Inc. (the Company), reinstate and pay $262,000 to a supervisor who was discharged after allegedly reporting safety concerns to...more

Executive Order Requires Disclosure of Labor Violations

Employers doing business with the federal government must now jump through additional hoops. In yet another example of the executive branch pursuing its agenda outside of the legislative process, President Obama signed...more

SEC Puts Their Money Where Their Mouth Is: $30 Million Awarded to Whistleblower

On September 22, 2014, the SEC announced its largest whistleblower award to date under its Dodd-Frank whistleblower bounty program. It awarded $30-$35 million to an anonymous whistleblower who the Commission said provided...more

SEC Announces $30 Million-Plus Whistleblower Award

The SEC announced an expected award of more than $30 million to a foreign whistleblower who provided “key original information” that led to a successful enforcement action by the agency. The award will be the largest made by...more

Major changes in store for Tennessee wrongful discharge law

Last month, Tennessee Governor Bill Haslam signed into law legislation (Public Chapter 995) that will significantly amend the Tennessee Human Rights Act (“THRA”), the Tennessee Public Protection Act (“TPPA”), and the...more

Merry Maids Franchise to Pay $40,000 to Resolve EEOC Pregnancy Discrimination Suit

Agency Charged Home Cleaning Company Fired Employee Because of Her Pregnancy - MILWAUKEE, Wis. - V&B LLC, a Merry Maids home cleaning franchise in Kenosha, Wis., will pay $40,000 and furnish other relief under a...more

Shootin’ Blanks: Tennessee Appeals Court Dismisses Officer’s Whistleblower Suit Over Live Ammo’s (Almost) Use

Reminder to Tennessee whistleblowers and employers: a Tennessee Public Protection Act (“TPPA”) suit only works if the purported whistleblower has a reasonable belief that what occurred was actually illegal. To prevail...more

Wells Fargo Settles EEOC Same-sex Sexual Harassment Lawsuit for $290,000

Bank Will Pay Four Females Who Alleged Female Manager Sexualized Workplace - RENO, Nev. - Wells Fargo Bank, N.A. will pay $290,000 to four female bank tellers and furnish other relief to settle a sexual harassment...more

McCormick & Schmick’s to Pay $1.3 Million and Provide Significant Injunctive Relief to Resolve EEOC Class Race Discrimination Suit

Two Baltimore Restaurants Subjected Black Workers to Discrimination in Hiring and Work Assignments, Federal Agency Charged - BALTIMORE - McCormick & Schmick's Seafood Restaurants, Inc. and McCormick and Schmick...more

Settlement Highlights Importance of Compliance with Anti-Discrimination Provision of the Immigration and Nationality Act During...

On August 15, 2014, a California-based staffing company reached a settlement with the U.S. Department of Justice (DOJ), Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC), resolving...more

Holly Manor Center Nursing Home Pays $75,000 to Settle EEOC Disability Discrimination Lawsuit

Nursing Home Rescinded Offer to Hire Qualified Applicant Because He Is Deaf, Federal Agency Charged - NEWARK, N.J. - A Mendham, N.J., nursing home will pay $75,000 and furnish significant equitable relief to resolve a...more

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