Whistleblower Claims for Form 8300 Cash Reporting Failures

The Internal Revenue Service offers rewards to individuals who disclose tax fraud that leads to significant recoveries by the IRS. The IRS whistleblower law provides for two kinds of awards: If the taxes, penalties, and interest are more than $2 million, the whistleblower may be entitled to between 15 and 20% of t...

Questions and Answers about California Overtime

California’s overtime laws can be quite confusing. That’s one of the reasons the Department of Industrial Relations (DIR) has a list of answers to commonly asked questions about overtime. In general, workers 18 and older and minors 16 and 17 who are not required to attend school (and who aren’t otherwise prohi...

Freelance Journalists and Photographers File a Lawsuit Challenging California’s New Law Reclassifying Independent Contractors as Employees

According to NBC Los Angeles, freelance writers and photographers are challenging California’s new law that reclassifies workers as employees instead of independent contractors. The law is a codification of the Dynamex case (a ruling of the California Supreme Court) which aimed to help independent contractors obtain ...

Stark Law versus the Anti-Kickback Statute

Violations of either Stark Law or the Anti-Kickback Statute are usually grounds for filing a claim under the False Claims Act. Whistleblowers who know of instances where a physician has made referrals based on having a financial interest in the entity which is receiving the referral or know of instances where a doctor ...

What is Stark Law and how does it relate to the False Claims Act?

Stark Law is a set of laws that regulate how and under what circumstances physicians can make referrals. The starting point is the doctors cannot refer a patient to any entity where the doctor (or an immediate family member) has a financial interest in the entity and the entity bills Medicare for any treatments or prod...

Exceptions to Stark Law Violations

While Stark Law violations usually lead to allegations a medical practice, hospital, or health entity also violated the False Claims Act; whistleblowers do need to understand that Stark Law does provide for a number of exceptions. These exceptions are meant to cover situations where a physician or health practice is ac...

The Use and Limits of Confidential Claims When Claims for Harassment Are Made

In 2018, California passed several laws that govern the use of confidential settlement agreements involving workplace harassment. One of these include the following: SB 820 Prior to the effective date of this law, prior California law prohibited provisions in California settlement agreements that prevented the di...

What Conduct Can Lead to Punitive Damages in California?

California Code 3294 provides for punitive damages in cases that don’t involve a breach of contract. A plaintiff can seek punitive damages where there is clear solid evidence that the defendant, such as an employer is guilty of “oppression, fraud, or malice.” Punitive damages are meant to set an example and are a...

Who Qualifies as a Supervisor in Harassment Lawsuits Based on Vicarious Liability?

According to the Equal Employment Opportunity Commission, employers are generally subject to vicarious liability for any unlawful harassment committed by a supervisor “with immediate (or successively higher) authority over the employee.” The federal discrimination laws don’t specifically define the word “sup...