Increases in government spending to address the COVID-19 pandemic “have led to an unprecedented level of theft of federal funds,” Sen. Chuck Grassley (R-Iowa) warned in recent remarks commemorating the 159th anniversary of the False Claims Act on March 2. In a broadcast by the National Whistleblower Center, Sen. Grassley said such spending has made the law, which is designed to combat fraud of taxpayer dollars, “more important than ever.” How the False Claims Act Empowers … [Read more...]
California PAGA Claims Head to the U.S. Supreme Court
A California employment law that gives workers more leverage when they’re mistreated by employers has caught the attention of the U.S. Supreme Court, and the docket reflects a flurry of arguments filed by many interested parties — often representing businesses. As advocates for California workers, we’re following the future of California PAGA claims closely. The high court is expected to make a decision by the summer. California PAGA Claims: What the Law Allows At issue: The California … [Read more...]
California Labor Code 1102.5: Whistleblower Plaintiffs Score a Win in the State Supreme Court
In a significant ruling for California workers, the California Supreme Court recently clarified that a whistleblower retaliation plaintiff suing under California Labor Code 1102.5 and others like him have a lower bar to sue their employers. The high court’s Jan. 27 ruling came after the U.S. Court of Appeals for the Ninth Circuit asked it to clear up California courts’ mixed approach to what evidentiary standard applies in these cases. Some courts have applied the McDonnell Douglas test … [Read more...]
AB5 and Gig Workers: No End in Sight in the Costly Classification Battle
AB5, the California law meant to protect Uber and Lyft drivers and other gig workers, remains embattled and uncertain on multiple fronts. We’re watching to see how the U.S. Solicitor General responds, but every development seems to spark more questions than answers. Here’s a rundown: The law, which took effect in 2020 but quickly faced challenges that put it in limbo, was intended to prevent companies from denying employment protections and benefits to their workers by misclassifying them … [Read more...]
Public Disclosure Bar Did Not Block Optical Lens Whistleblower’s FCA Suit, Court Says
A federal appeals court recently ruled in favor of a California whistleblower, reviving his False Claims Act suit against his former employer, progressive lens manufacturer Shamir USA. The ruling hinged on the False Claims Act’s public disclosure bar, and on whether the company’s prior public statements about its rewards program — which the whistleblower alleged violated the FCA and Anti-Kickback Statute — barred the lawsuit. On Feb. 3, a three-judge panel of the U.S. Court of Appeals … [Read more...]
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