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Fourth Circuit Issues Important False Claims Act Decision

Fourth Circuit Issues Important False Claims Act Decision

In US ex rel. Badr v. Triple Canopy, Inc., the U.S. Court of Appeals for the Fourth Circuit, which includes Maryland, issued an important decision regarding the Federal False Claims Act (FCA). The FCA provides that any person who knowingly submits false claims for payment to the government may be liable for double the government’s damages, plus a penalty of between $5,500 to $11,000 per false claim.

This is an important case because it establishes the potential for FCA liability where government contractors submit invoices for payment to the United States while knowing they have not satisfied the core requirements of their contract.

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State Law Claims Against Benefit Plans  May Be Preempted by ERISA

State Law Claims Against Benefit Plans May Be Preempted by ERISA

When an employee is wronged by their employee benefit plan, such as a health care plan or life insurance plan, the employee may want to file a lawsuit in state court -- because state laws generally allow for more diverse remedies and greater damages than those allowed for under the federal Employee Retirement Income Security Act of 1974 (“ERISA”). However, employees may not be able to file a lawsuit in state court because ERISA controls, or “preempts,” all state laws to the extent that they relate to employer-sponsored plans.

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People with Disabilities will ALWAYS Matter – and Have Legal Rights

People with Disabilities will ALWAYS Matter – and Have Legal Rights

Change under any new presidential administration can be frightening, especially for people with special needs. But for one particular New York Times contributor who happens to be a woman AND physically disabled, the removal of the Disabilities section of the White House website has her downright terrified.

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You May Not Be an Independent Contractor – and May By Eligible for Overtime

You May Not Be an Independent Contractor – and May By Eligible for Overtime

An independent contractor is generally thought of as someone who is compensated by another party without withholdings and taxes and who also is paid a fixed amount for a specific job or task. Cable TV installers, painters and manual laborers often are paid as independent contractors.

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Daily Labor Report Touts Smaller 'Boutique' Firms Like Lebau & Neuworth

Daily Labor Report Touts Smaller 'Boutique' Firms Like Lebau & Neuworth

A recent Bloomberg BNA Daily Labor Report article, citing Lebau & Neuworth attorney Steven Lebau, states, “Whether they work on the management side or the worker side of labor and employment law, the attorneys contacted by Bloomberg BNA touted the advantages of boutiques (small law firms such as Lebau & Neuworth) for both lawyers and clients. They said the lawyers collaborate more and are able to offer high-quality and expert services at lower prices.”

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Comprehensive New Rules Govern Reporting of Doctors, Health Care Providers

Comprehensive New Rules Govern Reporting of Doctors, Health Care Providers

Sweeping new regulations issued from the Maryland Department of Health and Mental Hygiene, have several key preliminary definitional terms that require a hospital or practice group to report an employee to the Maryland Board of Physicians in certain situations from which he or she may face discipline and never be able to get another job.

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EEOC Issues New Guidance on Mental Health Conditions

The U.S. Equal Employment Opportunity Commission (EEOC) recently posted a new "Workplace Rights" document for  employees and job applicants with mental-health conditions.

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Customer Harassment is Unlawful – and the Employer is Liable

In December 2016, the U.S. Equal Employment Opportunity Commission (EEOC) won a major victory for employees in EEOC v. Costco Wholesale Corp., especially those working in the service industry.  Importantly, the case underscores the fact that all employees are entitled to a safe, secure and fair workplace free of sexual harassment, including harassment by customers that an employer is aware of and fails to remedy.

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EEOC Achievements in 2016 Highlighted by Discrimination Resolutions

The Equal Employment Opportunity Commission (EEOC) recently released its 2016 Fiscal Year (FY) Performance Report. The report outlines the EEOC’s accomplishments in FY 2016, which ran from October 1, 2015, to September 30, 2016.

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It was a Good Year for the False Claims Act

Lebau & Neuworth attorneys frequently represent current and former employees at all levels -- from top executive to factory-floor workers -- in whistleblowing claims under the False Claims Act. We have at least two cases now under Department of Justice Review, and in 2015 we settled a client’s False Claims Act case against the former employer for nearly $15 million.

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Employees May be Entitled to Additional Leave from Employers as a 'Reasonable Accommodation'

Employers do not realize that, even if an employee’s leave is no longer covered by the Family and Medical Leave Act of 1993 (FMLA) or was not covered in the first place, other protections may apply. This includes protections created by the Americans with Disabilities Act (A.D.A.), as amended. The law is intended to protect persons with disabilities.

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