US Supreme Court Wont’ Hear Post-Escobar FCA Materiality Case

The US Supreme Court allowed a False Claims Act case to continue when it declined, according to a Law 360 article, to consider an appeal of the Sixth Circuit decision. That decision allowed the claim of a relator against the Brookwood Senior Living Communities Inc. to continue. The relator claimed that the company “...

New Law Explains Employers Rights to Ask about Prior Criminal Convictions

New Laws for California Employees on Background Checks Forbes reported that effective January 2, 1029, California employers will have to comply with a new law called the California Fair Chance Act. The law requires that employers in both the private and public sector delay any background checks until the employer make...

New Bill Seeks to End Mandatory Arbitration Contracts

Vox reported in Mid-November 2018, that the federal House of Representatives is considering a new law which will ban businesses from forcing workers to sign mandatory arbitration clauses before they could be hired. New York Representative Jerrold Nadler and other House Democrats introduced a bill called the Restoring J...

Former Employee Wins $11.1 million judgment against Hologram Production Executive

Former Employee Wins $11.1 million judgment against Hologram Production Executive The Los Angeles Times reported on April 27, 2019 that a 42-year old woman was awarded $3.1 million in compensatory and non-economic damages and $8 million in punitive damages – for her sexual harassment lawsuit. Ms. Chastity Jones br...

3M Agrees to Settle False Claims Complaint for Defective Earplugs for $9.1 Million

The Department of Justice announced on July 26, 2018, that 3M Company had agreed to pay $9.1 million pursuant to a False Claims Act initiated through the Acts' qui tam, whistleblower, provisions. The False Claims Act was enacted during the administration of Abraham Lincoln. It authorizes claims against any person or co...

The #MeToo Movement and Civil Lawsuits

2018 saw the rise of a new movement – the #MeToo movement. Women began to disclose experiences of sexual harassment and abuse in the workplace. A chorus of victims stepped forward. The #MeToo movement started in October 2017 on social media. As a result of the movement, criminal cases have been brought against some o...

What Criminal Records Can’t Be Reviewed by a Prospective Employer

The new ban the box law in California provides that employers must wait until a conditional offer of employment is made before they conduct a criminal background check. The law prevents prescreening of applicants. In this way, the decision to hire the applicant is based on his/her abilities. Once the offer of employ...

Why Firing an Employee for Off-Duty Conduct May be Illegal

The San Diego Tribune reported in May 2018, that a local jury awarded a former employee nearly $18 million for wrongful termination. The jury found that the employer, Allstate, wrongfully fired the employee, Mr. Michael Tilkey, when it learned he was arrested for threatening his girlfriend – even though all the charg...

New Law Clarifies Pre-Employment Salary History Questions by Prospective Employer

Employers have the right to ask job applicants many questions but there are certain questions that are improper – out of bounds. A recent bill which was signed into law, Assembly Bill 2282, was enacted to clarify some confusion about what questions are proper and which ones are improper. Prior law Employers can...

New California Law Requires that Women Be on the Boards of Public Corporations

A new law, Senate Bill 826 will change the way corporate boards operate. The law, enacted in 2018, requires that a publicly-held corporation based in California must, by the end of 2019, have at least one woman on the board of directors of the company. Generally, the shareholders of a corporation elect the board of ...