Working for Justice

Blog Posts by Sanford Heisler Sharp, LLP

Proving Age Discrimination Against Job Seekers

Posted April 2nd, 2018 by in Age Discrimination.

Job seekers are well acquainted with the black hole into which their resumes seem to fall.  They may submit dozens of applications to get one interview. And employers do not need a reason to toss a resume – they can lawfully do so for no reason at all.  It is, however, unlawful to reject an […]

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Legislative Update: DC’s Universal Paid Leave Amendment Act of 2016

Posted March 12th, 2018 by in Employment Discrimination.

As part of the national trend to pass state and local laws guaranteeing private-sector workers paid leave for family and caregiving responsibilities, Washington D.C. is poised to join California, New York, New Jersey, Rhode Island, and Washington state in offering this benefit. And I’m not alone in saying: it’s about time. A study conducted by […]

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Employee Class Actions: Will the Supreme Court Cut Out the “[H]eart of the New Deal”?

Any day now, the Supreme Court will issue its decision in Epic Systems Corp. v. Lewis,[1] a case that will determine whether employers can force employees to resolve legal claims through individual arbitration, without recourse to class or collective proceedings. Section 7 of the National Labor Relations Act would seem to prohibit such arbitration clauses. […]

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DOJ Has Released Its FY2017 “Fraud Statistics”: What the numbers tell us (and a few things they don’t reveal)

Posted January 5th, 2018 by in Whistleblower Law.

About two weeks ago, the U.S. Department of Justice issued a press release announcing more than $3.7 billion in settlements and judgments during fiscal year 2017[1] from civil cases brought under the False Claims Act – a federal law that rewards whistleblowers (called “relators”) who recover stolen taxpayer dollars from fraudsters.  The government’s press release […]

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Illegal or Unfair? Identifying and Correcting Unlawful Conduct in the Workplace

Posted December 18th, 2017 by in Employment Discrimination.

Everyone who has ever had a job knows that the workplace comes with its ups and downs, from getting a raise and having your work recognized, to suspecting you’re underpaid and managing interpersonal conflicts. The low points cause employees to wonder, “Is my employer allowed to do this? What can I do to stop it, […]

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Can I Bring Qui Tam Claims in Court Even Though my Employment Contract Contained a Binding Arbitration Clause? The Ninth Circuit Says “Yes.”

Posted November 7th, 2017 by in Whistleblower Law.

When a private party brings an action under the False Claims Act, he or she sues not “only for himself but the king” in what is known as a qui tam law suit. The private plaintiff is called the relator. United States ex rel. Eisenstein v. City of New York, 556 U.S. 928, 932 (2009). […]

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To Close the Gender Wage Gap, Close the Information Gap

Posted September 25th, 2017 by in Employment Discrimination.

Equal pay for equal work has been the law in the United States for over 50 years. Both Title VII of the Civil Rights Act of 1964 and the Equal Pay Act of 1963 prohibit employers from paying women less than men for equal work. When Congress passed these important protections in the 1960s, women […]

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The Importance of Whistleblowing in a Post-9/11 America

Posted September 12th, 2017 by in Whistleblower Law.

For the past 16 years, America has paused each September to reflect on the tragic morning of September 11, 2001. And while we remember the lives lost and are forced to face our worst fears and vulnerabilities, we are also reminded of the many heroes – those who prevented a more horrific attack that day, […]

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Can Companies Transfer Assets to New Corporations to Avoid Civil Penalties Assessed Under the False Claims Act?

Posted August 28th, 2017 by in Whistleblower Law.

The Fourth Circuit’s decision in United States ex rel. Bunk v. Government Logistics N.V., 642 F.3d 261 (4th Cir. 2016) addressed whether a successor in interest remains liable for its predecessor’s False Claims Act liability. In other words, if a company is liable for penalties under the FCA, can it avoid liability by transferring assets […]

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Motherhood & The Gender Pay Gap

In May of this year, the U.S. Equal Employment Opportunity Commission reached a $100,000 settlement agreement in a gender discrimination case against a Florida insurance broker. Why? The company revoked a woman’s job offer “20 minutes after she asked her would-be supervisor about its maternity policy.” Citing an “urgent” need to have someone in the […]

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