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Whistleblowers: Supreme Court Scales Back Whistleblower Rights

The U.S. Supreme Court has issued a new ruling that limits the right of whistleblowers to recover a slice of the damages paid by government contractors whose violations are exposed. Engineer James Stone filed a lawsuit under the Federal False Claims Act (FCA), charging Boeing Co. made false statements regarding safety and environmental issues at […]

News Notes: Mandatory Employee Furloughs Require Caution

With the economic slowdown, if you’re tempted to ask employees to take time off to cut costs and avoid layoffs, you probably won’t have legal problems with nonexempt, nonunion employees, but use caution when it comes to exempt workers. Under the wage and hour laws, you can’t dock the pay of exempt employees, because they […]

Ways and Means Okays Bill to Repeal OTC Rules

Employers and plan administrators that find the over-the-counter drug rules put in place by the health care reform law to be onerous may have relief, if the Ways and Means Committee has its way. The committee on May 31 in a 24-9 vote ordered H.R. 5842, the Restoring Access to Medication Act, reported to the […]

Class Actions on the Rise—Are You Next?

One of the most feared phrases in the HR lexicon is “class action” or how to turn a one-employee small suit into a many-employee gigantic suit. Today we will look at survey data on class actions and at the best tool for preventing them. In yesterday’s Advisor we looked at lawsuit cost data from law […]

Unions: Employer Not Entitled To Injunction To Block Picketers

Gigante USA Inc., a Los Angeles supermarket operator, went to court to get an injunction prohibiting union members from picketing in front of its stores. Gigante argued that the restriction was necessary to protect the safety of store employees and customers following an incident in which union members disrupted a new store’s opening day to […]

News Notes: Federal Labor Law Superseded Lawsuit Claiming Pay for Family Leave Time

Verizon employee Denise Harris was granted family and medical leave for a bad back. Under the union contract covering Harris’ employment, Verizon paid Harris sick pay benefits during the first part of her leave, but cut off her benefits when she didn’t provide a physician’s report confirming she couldn’t work. Harris sued, claiming the failure […]

News Notes: Employee Gets Green Light To Take Military Leave Claims To Jury

  Michael Mills alleged that his time-off requests for weekend National Guard duty were met with hostility from his employer, Earthgrains Baking Co. And when his Guard duty became mandatory after the 9/11 terrorist attacks, the company allegedly threatened him to get out of the duty “or else.” Eventually Mills was fired following a two-week […]

California Joins With DOL to Fight Independent Contractor Fraud; Pacts Also Signed By 11 Other States

California is the most recent state to enter into a pact with the U.S. Labor Department aimed at cracking down the improper classification of employees as independent contractors. Nancy J. Leppink, deputy administrator of the U.S. Department of Labor’s Wage and Hour Division, and California Labor Commissioner Julie A. Su announced their recently signed memorandum […]