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Entries from March 2010

Supreme Court Rules That Public Disclosure Bar to False Claims Act Qui Tam Actions Applies to County and State Administrative Reports, Audits, and Investigations

March 30th, 2010 · No Comments

TweetOn March 30, 2010, the Supreme Court issued an opinion widening the public disclosure bar to qui tam actions brought under the False Claims Act (FCA), holding that “the reference to ‘administrative’ reports, audits, and investigations” contained in the public disclosure bar of the FCA “encompasses disclosures made in state and local sources as well […]

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Tags: False Claims Act · Federal Whistleblower Legislation

Health Care Reform Bill Creates New Whistleblower Protections

March 23rd, 2010 · No Comments

TweetThe Patient Protection and Affordable Care Act of 2009 (H.R. 3590) that the House approved on March 21, 2010, creates new whistleblower protections for health care workers and strengthens the coverage of the False Claims Act.  The following is a summary of these provisions and the text of the relevant sections is available here. Section […]

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Tags: Federal Whistleblower Legislation · OSHA Whistleblower Protection Program · Retaliation

ALJ Order Expands Joint Employer Liability Under the Surface Transportation Assistance Act

March 23rd, 2010 · No Comments

TweetOn March 11, 2010, Administrative Law Judge Rae issued an order holding that an agreement which provides a joint employer with the ability to accept or cancel the assignment of a leased employee may be sufficient to establish liability under the Surface Transportation Assistance Act (STAA).  In Myers v. AMS Staff Leasing, the respondent contracted […]

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Tags: OSHA Whistleblower Protection Program · Surface Transportation Assistance Act

ALJ Awards Trucker Punitive Damages After Being Fired for Refusing to Drive in Dangerous Conditions

March 23rd, 2010 · No Comments

TweetOn March 15, 2010, Administrative Law Judge Daniel Leland awarded Cynthia Ferguson over $151,000 including $75,000 in punitive damages, holding that she was terminated in retaliation for refusing to drive in hazardous conditions.  On a cross country trip, Ferguson encountered extremely inclement weather approaching Donner Pass in the Sierra Nevada Mountains.  Ferguson observed a truck […]

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Tags: OSHA Whistleblower Protection Program · Retaliation · Surface Transportation Assistance Act

OSHA Orders Tennessee Commerce Bank to Pay Over $1 million for SOX Violations

March 23rd, 2010 · No Comments

TweetOn March 17, 2010, the Occupational Safety and Health Administration ordered Tennessee Commerce Bank to reinstate a former chief financial officer and pay more than $1 million for violations of the Sarbanes-Oxley Act.  Former CFO George Fort filed a complaint with OSHA on April 4, 2008 alleging that the bank terminated him in retaliation for […]

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Tags: Retaliation · Sarbanes-Oxley

TELG’s Win in Stone v. Instrumentation Lab. Co. Helps SOX Whistleblower Proceed to Federal Court

March 18th, 2010 · No Comments

TweetOn March 10, 2010, Judge Rae issued an order clarifying the right of SOX plaintiffs to remove their claims federal court.  In Miller v. Stifel, Nicolaus & Co. Inc., the complainant changed counsel three times and failed to respond to discovery requests.  Miller then moved to remove her claim to federal court on the basis […]

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Tags: Sarbanes-Oxley · The Employment Law Group, P.C.

Illinois Whistleblower Beats Summary Judgment, Heads to Trial in FCA Retaliation Case

March 17th, 2010 · No Comments

TweetOn March 8, 2010, Judge Anderson issued an opinion broadly construing the scope of actionable retaliation under the False Claims Act (FCA), allowing whistleblower Ann Howard to proceed with her FCA retaliation claim in U.S. ex rel. Howard v. Urban Inv. Trust, Inc..  Howard was employed as an accountant for Urban, a property management company […]

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Tags: Contractor Fraud · False Claims Act · Retaliation · The Employment Law Group, P.C.

OSHA Orders Employer to Reinstate Whistleblower and Pay over $600,000 for SOX Violations

March 16th, 2010 · No Comments

TweetOn March 3, 210, the Occupational Safety and Health Administration announced that it ordered e-Smart Technologies, Inc. to reinstate a whistleblower and awarded the plaintiff over $600,000 in back pay and compensatory damages.  The whistleblower was discharged after raising concerns about misinformation in a draft public filing.  Both the employee and e-Smart have 30 days […]

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Tags: Sarbanes-Oxley

The Employment Law Group® Principal Jason Zuckerman Quoted by Public Health Blog

March 15th, 2010 · No Comments

TweetOn March 11, 2010, The Pump Handle, a blog focused on public health and environmental issues, quoted The Employment Law Group® law firm Principal Jason Zuckerman in a blog post entitled “Wherever I look, whistleblower issues abound.”  The post discusses the urgency of reforming OSHA’s Whistleblower Protection Program and cites Mr. Zuckerman’s comments at a […]

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Tags: OSHA Whistleblower Protection Program · The Employment Law Group, P.C.