Robust Internal Complaint Program Can Stave Off False Claims Act Lawsuits
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Even as the president called for a national paid-sick-leave law in the week leading up to the 2015 State of the Union address and during the speech, employers in California are struggling to comply with a state mandate for paid leave that takes effect July 1, 2015.
Giving all employees a crisp $100 bill for meeting a production goal without bargaining with a union arguably could be an unfair labor practice.
When an employer may require retirees to contribute toward bargained-for retiree health benefits may boil down to the rules of general contract interpretation, according to a Nov. 10, 2014, oral argument before the U.S. Supreme Court.
“Most of the justices were leaning toward rules of general contract interpretation,” Amy Covert, an attorney with Proskauer in New York City, told SHRM Online. The justices didn’t want to put a “thumb on the scale in favor of employers or employees” with default contract presumptions.
Yard-Man
Traditional preferred provider organizations (PPOs) are fast becoming relics of the past, like Model Ts.
Employers concerned about the spread of the Ebola virus in the United States don’t have to sit on their hands and do nothing, even if the risk of the disease spreading is low.
An Aug. 4, 2014, settlement between the U.S. Department of Labor and LinkedIn illustrates that not training employees and managers on Fair Labor Standards Act (FLSA) requirements may prove much costlier than providing the training in the first place.
LinkedIn agreed to pay $3.35 million in overtime back wages and $2.51 million in liquidated damages to 359 employees working at company branches in California, Illinois, Nebraska and New York. The Wage and Hour Division found that the company was in violation of overtime and record-keeping provisions of the FLSA.
The California Supreme Court on June 23, 2014, departed from a prior decision, which had been nullified by a recent U.S. Supreme Court ruling, by finding an arbitration agreement that waived the right to bring a class-action suit was enforceable under the Federal Arbitration Act (FAA).
The U.S. Department of Labor (DOL) held a listening session with Society for Human Resource Management (SHRM) officials and members on overtime regulations, which the Labor Department is considering amending, on May 20, 2014.
Plaintiffs’ class-action attorneys have targeted unpaid internships in recent years, such as in litigation involving interns at Harper’s Bazaar magazine and on the set of the movie “Black Swan.” And other plaintiffs’ attorneys have followed suit.