News & Analysis as of

Kmart Settlement Shows Breadth of Healthcare Practices Government Says Violate False Claims Act

A recent settlement by retailer Kmart Corp. illustrates the breadth of practices in the healthcare space that the government considers to be illegal kickbacks that violate the False Claims Act (FCA). The U.S. Department of...more

KMART Settles False Claims Act Allegations for $1.4 Million

The U.S. Department of Justice (DOJ) recently announced that KMART Corp. (Kmart) has paid $1.4 million to settle a qui tam lawsuit brought by a former Kmart pharmacist under the False Claims Act (FCA). The lawsuit alleged...more

Commonwealth Court Expands the Scope of Good Samaritan Amendment to the Workers’ Compensation Act

In 2003, the Pennsylvania General Assembly amended Section 601 of the Workers’ Compensation Act to expand the definition of the word “employee” to include employees who, while in the course and scope of their employment,...more

California Court Allows Employee to Disaffirm Arbitration Agreement Due to Age

We thought we'd heard everything! This is a new one, that's for sure. It's no secret that employees try to wiggle out of arbitration agreements all of the time. There are the usual digs: the agreement was buried in the middle...more

Financial Institutions File Class Action Suit In Response to Data Breach

On March 13, a federal credit union filed a class action suit against a national retailer and parent company, alleging their actions during a September 2014 data breach injured credit unions, banks, and other financial...more

Kmart Will Pay $102,048 to Settle EEOC Disability Discrimination Lawsuit

Major Retailer Refused to Hire Applicant Because Kidney Disease Precluded Urine Sample, Federal Agency Charged - BALTIMORE - Kmart Corporation, a leading national retailer, will pay $102,048 and provide significant...more

Trouble in the Magic Kingdom: Disney Finds Itself the Villain in This Fairytale

Disney is known for its fairytales and happy endings. Usually its adorable characters and feel-good plots earn it wide acclaim. But recently, a California judge agreed with the plaintiff, in Roger L. Culberson II v. The Walt...more

Another Employer Pays For “Sorry, I Can’t Go”

Last October, I posted about a consent decree entered into between Wal-Mart and the Equal Employment Opportunity Commission, in which Wal-Mart agreed to pay $72,500 to candidate for a store job in Maryland whose offer was...more

Show you[']r[e] what?! It’s a battle of the breeches

“Yes!” I exclaimed as I scrolled through my Facebook feed two days ago, “Perfect timing! I’ll get to follow-up on Brent Lorentz’s ‘You’ve gotta be shipping me!!’ DuetsBlog post from earlier this year....more

EEOC Sues Kmart for Disability Discrimination

Hyattsville Store Rejected Applicant Who Needed a Reasonable Accommodation For His Kidney Condition, Federal Agency Charges - BALTIMORE - Kmart Corporation, a leading national retailer, violated federal law by refusing...more

Are seating cases the next wave in California wage and hour class actions? Several prominent retailers have faced litigation from...

All of us have been to supermarkets, drugstores and department stores where the cashiers stand at their checkout stations. But could this be a violation of law? Should the employer be obligated to provide seating for its...more

Employment Law -- Jul 03, 2013

Excerpt from Supreme Court Sides With Employers in Title VII Suits - Capping off a term of big decisions with employer-friendly results, the U.S. Supreme Court weighed in on two major employment issues in a pair of...more

Data Breach at Gunpoint

You might think that if you lock your backup tapes in a safe they are protected from a data breach, but Kmart’s recent data breach proves that’s not the case. Last month, a person held a Kmart employee in Little Rock,...more

You’ve gotta be shipping me!!

Kmart recently unveiled a brand new advertisement that’s about as subtle as a shovel to the face. While some have described it as juvenile or immature, I can’t help but chuckle everytime I see or hear it. Maybe that says...more

Fenwick Employment Brief - February 2013

In This Issue: *FEATURE ARTICLES - Cal Supreme Court Refuses To Immunize Employers In Mixed-Motive Discrimination Cases, But Significantly Limits Remedies - Manager's Bias, Public Policy, And Defamation...more

Do Your Employees STAND or SIT (or LEAN)?

California’s Wage Orders require that “all working employees shall be provided with suitable seats when the nature of the work reasonably permits the use of seats . . . .” So naturally, someone found a way to sue an employer...more

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