Labor and Employment

A federal court finds that, because an employer cannot confirm whether an employee has actually received an FMLA notice when it is sent via email, that form of communication cannot be considered “reliable.”

A whistleblower’s lawsuit has been dismissed by the Third Circuit, who agreed with the trial court’s findings that Karl Schumann was not the “original source,” as required by the False Claims Act.

Michelle P. Wimes, Esq., the Director of Professional Development & Inclusion at Ogletree Deakins, describes how she laid a foundation for a successful diversity and inclusion program.

Once an employee spills the beans on whistle-blowing at his previous job when that company overcharged the government, his new employer is not in violation of the FCA if it terminates, the U.S. District Court for the Southern District of Ohio found.

The court recently found that most courts faced with the issue of DOL venue selection clauses in EIRSA-governed pension plan cases found they were enforceable and explained that if Congress wanted to prohibit such clauses, it could have done so.

When arbitration clauses are added to employment contracts after the fact, employers should keep in mind a recent Fifth Circuit case, in which the court had to determine whether the clause added to one contract could be harmonized with other contracts that defined the employment relationship.