Category: BLOG
What Can You Do to Strengthen Your False Claims Act Case?
If you suspect that your employer or some other entity is committing fraud against the government, here are some things you can do to increase your chances of bringing a successful False Claims Act case. 1. Act quickly Quick action serves the important purpose of stopping the fraud and the harm it is causing. In …
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How to Deal With Sexual Harassment in the Workplace
During my career as an employment law attorney, I have had the unique privilege of representing many employees who have been sexually assaulted during the course of their employment by a co-worker or supervisor. It makes my heart heavy to know there are so many people out there who have gone through such an experience.
What are the Goals and Rewards of Whistleblower Programs?
The news in recent years has had many stories about “whistleblowers”—what they reported, what caused them to blow the whistle, and what happened as a result. Perhaps you have seen some sort of misconduct on the part of an employer, a corporation, a competitor, or a health provider. And you wonder “Am I a whistleblower?” …
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Do I have to pool my tips?
In Minnesota, the answer is, “No, not if you don’t want to.” Your tips are your tips. For decades, it has been the law in Minnesota that an employer cannot require an employee to pool (i.e., share) their tips with other employees or the employer (including management).[1] In fact, an employer cannot play any role …
A Not-So-Dynamic Vision—The Documents Illuminate the Falsity
It is unusual for any plaintiff or relator to achieve a summary judgment ruling in its favor in any type of case. But in U.S. v. Dynamic Visions Inc., DBA Dynamic Visions Home Health Services, et al., — F.3d —, 2020 WL 4914069 (D.C. Cir. Aug. 21, 2020), the D.C. Circuit affirmed such a ruling …
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The U.S. Supreme Court Makes It Easier for Religious Institutions to Violate Anti-Discrimination Laws
In a 7-2 decision announced on July 8, 2020, the U.S. Supreme Court decided to exempt two religious elementary schools from lawsuits by former teachers claiming the schools had fired them for alleged discriminatory reasons. In doing so, the Supreme Court relied on the “ministerial exception,” which holds that the schools’ First Amendment right to …
MINNESOTA LEGISLATURE CONSIDERS PAID FAMILY & MEDICAL LEAVE (AGAIN)
With the 2020 elections fast-approaching, focus has again shifted to issues surrounding the availability of health care and medical leave. Unfortunately, but perhaps not surprisingly given the current political climate, we’re hearing a lot of talk, but not seeing a lot of action, which is particularly tragic given the fact that less than 15% of …
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DEPARTMENT STORE CHAIN SETTLES SICK DAY LAWSUIT
Nationwide retailer Dillard’s recently settled an employment discrimination lawsuit brought by workers who say the department store forced them to provide detailed medical information in order to use their sick days. The class-action suit lasted for four years and was lead largely by the Equal Employment Opportunity Commission. The EEOC says that the company forced …
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Historic Supreme Court Opinion Affirms Protections for LGBT Workers
On June 15, 2020, the U.S. Supreme Court ruled that Title VII’s prohibitions against discrimination on the basis of sex also prohibit an employer from discriminating against an employee because of their sexual orientation or transgender status. Prior to the Supreme Court’s landmark ruling, only 21 states and the District of Columbia, Guam, and Puerto …
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Employees Take a Stand – Telecommuting Can Be a Reasonable Accommodation
The landscape for workplaces is changing. As technology evolves, so too does the way we do our jobs. Many people can (and do) work just as effectively at home as they do at work. And a recent court case said just that. It held that a telecommuting arrangement could be a reasonable accommodation for a …
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