Working for Justice

Tag: Case Law Update

Supreme Court Focuses on Job Duties, Contracts in Applying “Ministerial Exception” to Teachers at Religious Schools

Posted July 13th, 2020 by in Employment Discrimination.

The Supreme Court recently decided two cases, Our Lady of Guadalupe v. Morrissey-Berru and St. James School v. Biel, both on appeal from the Ninth Circuit, that clarified the scope of the so-called “ministerial exception” to anti-discrimination laws. According to the Court, under that exception, “courts are bound to stay out of employment disputes involving […]

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S.E.C. Regulates Initial Coin Offerings

“Crypto crime”—that is, crime involving cryptocurrencies and other digital assets, including fraud and hacking—has cost investors approximately $4.3 billion in 2019 alone.[1] That number may rise as cryptocurrencies become more popular and accessible to the public. If cryptocurrencies and other digital assets are unregulated, companies and individuals can continue to prey on unsuspecting investors and […]

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Sexual Harassment is a Form of Illegal Housing Discrimination

Posted March 4th, 2019 by in Gender Discrimination and Harassment.

The Federal Fair Housing Act, along with many state and local laws, prohibits gender discrimination in housing, including sexual harassment. It is illegal for landlords, property managers, real estate agents, and maintenance staff to demand sexual favors in exchange for access to housing or repairs. They also cannot create a hostile environment for tenants based […]

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Broad Scope of Standing Available for California Employees in PAGA Suits

Posted January 12th, 2019 by in Wages and Overtime Law.

California’s Private Attorney General Act of 2004 (“PAGA”) has provided employees injured by their employer’s Labor Code violations with an opportunity to seek statutory penalties on behalf of him or herself and on behalf of other aggrieved employees.  This law famously allows an individual employee to stand in the shoes of the government agency that […]

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Customs Fraud: What Whistleblowers Need to Know

Posted July 11th, 2018 by in Whistleblower Law.

The False Claims Act is one of the government’s most powerful tools to fight fraud. Under the Act a whistleblower, called a “relator,” can provide the government with information about the ways in which it is being defrauded. If the government subsequently recovers money as a result of the relator’s tip, the relator receives a […]

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Wages and Overtime Law: A Return to the Past Courtesy of the U.S. Supreme Court

Posted June 4th, 2018 by in Wages and Overtime Law.

During the United States Supreme Court October Term 2017, the Court delivered a 1-2 punch against workers and their right to earn overtime pay with its decisions in Encino Motorcars, LLC v. Navarro et al. and Epic Systems Corp v. Lewis (decided together with Ernst & Young, LLP et al, v. Morris et al., and […]

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California Supreme Court Expands Colleges’ Duty to Protect Students

Posted April 27th, 2018 by in Civil Litigation.

On March 23, 2018, the Supreme Court of California reversed its previous position and held that “universities have a special relationship with their students and a duty to protect them from foreseeable violence during curricular activities.” The Facts of the Case In Regents of the University of California v. Rosen, a student at UCLA, Katherine […]

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Will the Supreme Court Hear Its Second False Claims Act Case in Three Years?

Posted April 24th, 2018 by in Whistleblower Law.

The False Claims Act establishes liability against persons who submit false claims for payment to the Government. It allows individuals who know about such fraud against the Government to file a lawsuit on behalf of the Government and to share in the proceeds of a recovery. So how does a person know if a claim […]

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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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The Supreme Court Clarifies the Definition of Whistleblower Under Dodd Frank: What You Need to Know

Posted March 2nd, 2018 by in Whistleblower Law.

Last week, the Supreme Court, by a 9-0 vote, issued an important ruling on the protections that the Dodd Frank Wall Street Reform Act offers to whistleblowers. The case, Digital Realty Trust Inc. v. Somers, determined that Dodd Frank protects from retaliation only those whistleblowers who complain about corporate fraud to the Securities Exchange Commission. […]

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What Happens When a Company Continues to Violate the Same Laws Even After it is Caught?

Posted November 14th, 2017 by in Whistleblower Law.

When a company is investigated and prosecuted for fraud, the Government typically requires the company to enter into a Corporate Integrity Agreement. This Agreement obligates the company to take steps to ensure that it complies with the law in the future and regularly reports the status of its compliance to the Government. If the company […]

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Groundbreaking cases in the Seventh Circuit may have far-reaching effects for LGBTQ employees

For the second time in just two months, the Chicago-based U.S. Court of Appeals for the Seventh Circuit has issued a ground-breaking ruling that will have an enormous impact on countless gender discrimination cases involving LGBTQ people. In April, the Seventh Circuit overturned itself and broke ranks with its sister by holding that employment discrimination […]

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Supreme Court Update:  Justices Send Racially “Packed” Voting Districts Packing

Posted May 24th, 2017 by in Race Discrimination.

The Supreme Court handed a major victory to voting rights plaintiffs on May 22, with a decision that struck down the boundaries of two congressional districts in North Carolina as impermissibly effecting race discrimination.  Cooper v. Harris, with a majority decision written by Justice Kagan, takes aim at the practice of diluting the power of […]

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Supreme Court Rules Cities Can Sue Banks Over Racially Discriminatory Lending Practices

Posted May 19th, 2017 by in Race Discrimination.

The U.S. Supreme Court’s recent decision in Bank of America v. City of Miami (decided the same day as a companion case, Wells Fargo & Co. et al. v. City of Miami, Florida) has been declared a mixed bag by many legal commentators. While the Court confirmed years of precedence in finding that cities, like […]

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Medicare Advantage Organizations Under Fire for Fraudulent Conduct

Posted May 18th, 2017 by in Whistleblower Law.

Medicare Advantage, or Medicare Part C, is a government-funded healthcare program that contracts with private health insurers in order to provide Medicare benefits to Americans over the age of 65. The program covers about 18 million seniors. The private insurance companies, or Medicare Advantage Organizations, submit bids to CMS offering to insure members at a […]

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