Military Labor & Employment Civil Procedure

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Supreme Court Considers Review of Two False Claims Act Whistleblower Suits

The Supreme Court is considering whether to hear two whistleblower cases under the False Claims Act (“FCA”), both on appeal from the Fourth Circuit. The Supreme Court has asked the U.S. Solicitor General to weigh in before...more

Employment Law -- Jul 30, 2013

In NYC It Pays To Be Sick - Beginning next year, employees in New York City will be entitled to paid sick leave pursuant to a new, somewhat complex statutory scheme. ...more

Thank You for Your Service: The Broad Protections Granted to Members of the U.S. Military Returning to the Civilian Workforce

Images of American flags and proud men and women in uniform were all around last month, as they are every Memorial Day. It is a good time to reflect on the military service of so many of our fellow citizens....more

Fourth Circuit Holds FCA Statute Of Limitations Tolled By Wartime Suspension Of Limitations Act

The U.S. Court of Appeals for the Fourth Circuit recently held that the False Claims Act’s (FCA) statute of limitations can be tolled by the Wartime Suspension of Limitations Act (WSLA) in civil qui tam actions in which the...more

9th Circuit Holds That Employers' Decisions Based on Security Clearances Are Subject to Court Review in Certain Circumstances

In 1988, the U. S. Supreme Court held in Department of the Navy v. Egan that the administrative agency responsible for adjudicating civil service disputes lacked jurisdiction to review employment grievances based on the...more

Supreme Court Ponders “Cat’s Paw” Liability - High Court Leaves Important Questions Unanswered

“Cat’s paw” liability arises when a well-intentioned employer acts on the recommendation of an employee intending to unlawfully discriminate against another. “In such a case, the recommender [uses] the decisionmaker as a mere...more

Employment, Labor and Benefits Advisory: First Circuit Adopts Employee-Friendly Standard of Proof for Military Discrimination Claims under USERRA

Employment, Labor and Benefits Advisory: First Circuit Adopts Employee-Friendly Standard of Proof for Military Discrimination...

In a case of first impression, the United States First Circuit Court of Appeals held that in cases brought under the Uniformed Services Employment and Reemployment Rights Act (USERRA), 38 U.S.C. § 4301 et seq., the burden is...more

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