Jean F. Kuei and Michael R. Kleinmann have posted a new article on Forbes.com
The qui tam provisions of the False Claims Act (FCA) allow employees to bring whistleblower claims, on behalf of the government, against employers for alleged fraudulent acts harmful to the government. A carrot encouraging whistleblowers to bring these suits is that
On the heels of its long-awaited decision in Brinker v. Superior Court (Hohnbaum), No. S166350, the California Supreme Court this week issued another important wage and hour decision that favors employers. In Kirby v. Immoos Fire Protection, Inc. (Liu), No. S185827, the court ruled that neither employees nor employers can recover attorney’s fees as prevailing parties on claims for meal and rest period violations. This is a key victory for California employers that routinely are subject to “one-way” statutes requiring them to pay attorneys’ fees to prevailing plaintiffs, but rarely, if ever, permitting employers to obtain such fees when they prevail. Continue Reading Another Employer Victory in California: Attorney’s Fees for Meal and Rest Period Claims Not Recoverable in California
This post was also written by Hardy Ray Murphy.
In a March 3, 2008 ruling, a sharply divided California Supreme Court determined that individuals (e.g., supervisors and coworkers) cannot be held personally liable for retaliation in employment under the California Fair Employment and Housing Act (“FEHA”). Scott Jones v. The Lodge at Torrey