COVID-19 and California Employment Law

As California employees scramble to understand the recent changes in the law as it relates to the Coronavirus (Covid-19), the following resources to the community generally and as to protections available to California employees in light of the Coronavirus pandemic. Generally: - Federal and California tax return ...

Reasons the DOJ May Decide to Intervene in a False Claims Act Case

Whistleblowers are encouraged to file False Claims Act cases to disclose fraud involving payments by the government. The whistleblower claims are called qui tam actions. The qui tam actions often involve Medicare and Medicaid fraud. They can involve the Department of Defense or any agency that makes payments in good fa...

Reasons the DOJ May Decide Not to Intervene in a False Claims Act Case

The US Department of Justice has three options when a whistleblower files a qui tam action: It can decide to intervene. Intervention means the DOJ will agree to prosecute the case against the defendants and seek recovery for false billings and for treble damages. It can decide not to intervene. Here, the whistl...

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...