Do you work as a server in a restaurant or banquet hall where your customers are charged a “service fee” on their bills? Under California gratuity law, if customers reasonably understand the service fee to be a gratuity, and haven’t been informed to the contrary, servers are entitled to the full amount of the fee paid by patrons as a tip. What the Marriott Marquis Ruling Found A recent case, Ordono et al v. Marriott International Inc., shows how employers can violate this law. A California … [Read more...]
Medicare Advantage Fraud: Whistleblowers Help Recover Wasted Taxpayer Dollars
While the Biden administration, Congress and private insurers argue about proposed cuts to Medicare Advantage and ways to shore up its financial future, another law that’s been in place for more than a century has proven to be the most effective way to reduce Medicare Advantage fraud. The False Claims Act, which allows whistleblowers, people who’ve witnessed or have information about a fraud upon the federal government who are also known as relators, to sue companies for fraudulent activity. … [Read more...]
Military Contractor Fraud Puts Servicemembers and First Responders at Risk
Overcharging the government or billing the government for services not provided are some of the well-known ways federal contractors violate the False Claims Act. But military contractor fraud also includes providing defective or substandard materials as part of a government contract. Defense contractor fraud and government procurement fraud siphon billions away from the more than $1 trillion Congress appropriates every year for the national defense. In the case of contracts to provide … [Read more...]
Prop 22 in California Mostly Upheld in Loss for Gig Workers, But Loophole Could Lead to Unionization
Prop 22, California’s voter-approved ballot measure that allowed rideshare and delivery network companies like Uber, Lyft, and DoorDash to classify drivers as independent contractors rather than employees, should remain state law, a divided three-judge appellate panel ruled last month. The law had been struck down in 2021 by a lower court, but the state appealed. Prop 22, also known as the Protect App-Based Drivers and Services Act, is a 2020 ballot measure that received heavy financial … [Read more...]
False Claims Act Whistleblower Cases: Annual Report Shows Success of Non-Intervened Suits
The Department of Justice last month reported its False Claims Act report for fiscal year 2022, highlighting more than $2.2 billion in settlements and judgments, and the second-highest number of settlements in history. But even more revealing were figures that show the importance of non-intervened False Claims Act whistleblower cases. That is, lawsuits filed by whistleblowers under the False Claims Act that federal prosecutors declined to intervene in, leaving the whistleblowers and their … [Read more...]
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