California employers can require workers to sign mandatory arbitration agreements as a condition of employment following a U.S. Court of Appeals ruling last month. The Ninth Circuit ruled that California Assembly Bill 51 banning “forced arbitration” clauses is preempted by federal law, the Federal Arbitration Act. The bill attempted to work around the FAA, saying existing arbitration agreements were enforceable but that new employees must be given the choice of signing one. AB 51 would … [Read more...]
Whistleblower 101: How to Report Financial and Securities Fraud
Following the 2008 financial collapse, Congress established incentivized whistleblower programs similar to the qui tam provisions in the False Claims Act, creating powerful new tools for enforcing securities and commodities laws. The Dodd-Frank Wall Street Reform and Consumer Protection Act created whistleblower programs at the Securities and Exchange Commission (SEC) and at the Commodities Futures Trading Commission (CFTC) that started in 2011, when the new regulations enforcing the law took … [Read more...]
Federal Covid Emergency is Ending, But PPP Fraud is Still Being Brought to Light
The federal Coronavirus emergency is set to expire this spring, but the process of clawing back improperly gained funds from pandemic relief efforts like the Paycheck Protection Program continues. The first lender accused of PPP fraud under the False Claims Act settled their case last fall. Prosperity Bank, a regional bank with locations in Texas and Oklahoma, agreed to pay $18,673.50 to resolve allegations it improperly processed a $213,400 PPP loan on behalf on an ineligible customer who … [Read more...]
FTC Wants to Join California in Banning Noncompete Clauses
The Federal Trade Commission in January proposed a new rule that would prohibit employers from imposing noncompete clauses on workers. These clauses, which block workers from taking a job at a competing employer within a period of time or within a geographic location, are already unenforceable in California as well as in two other states, North Dakota and Oklahoma. According to the FTC, one in five American workers—about 30 million people—are still subject to noncompete clauses. Under … [Read more...]
Whistleblower 101: What Is The False Claims Act and How Can It Help Me If I Witness Fraud?
As Kate Scanlan, a whistleblower attorney at Keller Grover, says: Where there is government funding, there is likely to be fraud. Case in point: government procurement programs. The United States is the largest purchaser in the world, buying everything from pencils to aircraft carriers. Most contracts it enters into are carried out with diligence and honesty, but with so many billions of dollars involved every year, there are bound to be unscrupulous contractors who defraud the government — … [Read more...]
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