SOX whistleblower decision creates employer problems

December 6, 2011 Comments Off on SOX whistleblower decision creates employer problems

Employment lawyers fear that a recent decision from the U.S. Department of Labor Administrative Review Board broadening whistleblower protections under Sarbanes-Oxley may create new burdens for employers.

Tagged with: Nov. 30 2011 issue

Judge rejects SEC action against State Street execs

December 6, 2011 Comments Off on Judge rejects SEC action against State Street execs

A ruling involving the largest institutional fund management company in the world allows employees to rely more safely on advice they receive from in-house counsel, according to several lawyers familiar with the Securities and Exchange Commission case.

Tagged with: Nov. 30 2011 issue

No workers’ comp for employee injured on way to job

October 7, 2011 Comments Off on No workers’ comp for employee injured on way to job

A worker who was injured while commuting from his home to a construction site was not entitled to workers’ compensation even though the job required him to travel to a different location every day, a reviewing board of the Massachusetts ...

Tagged with: Sept. 2011 issue

Supreme Court defeats changing class actions

October 7, 2011 Comments Off on Supreme Court defeats changing class actions

When the U.S. Supreme Court handed down its ruling in AT&T Mobility v. Concepcion, some predicted that the decision allowing the phone carrier to bar class proceedings in its consumer arbitration contracts would bring an end to consumer class actions ...

Tagged with: Sept. 2011 issue

Suit over disability ‘perception’ allowed

October 7, 2011 Comments Off on Suit over disability ‘perception’ allowed

A schizophrenic employee who was removed from his job despite medical evaluations pronouncing him fit to work could sue his employer pursuant to the Americans with Disabilities Act, the 1st U.S. Circuit Court of Appeals has ruled.

Tagged with: Sept. 2011 issue

1st Circuit rejects restrictions on FCA liability

October 7, 2011 Comments Off on 1st Circuit rejects restrictions on FCA liability

The 1st U.S. Circuit Court of Appeals has overturned the dismissal of a False Claims Act complaint against a medical supplier accused of committing a nationwide kickback scheme.

Tagged with: Sept. 2011 issue

Suit against firm tests limits of anti-bias statute

October 7, 2011 Comments Off on Suit against firm tests limits of anti-bias statute

Ariel Ayanna was not seeking to create new law when he sued his employer, a Boston law firm, for disability discrimination.

Tagged with: Sept. 2011 issue

Hearsay

October 7, 2011 Comments Off on Hearsay

A contentious employment lawsuit involving a major Boston law firm and a client’s child pornography collection has been quietly put to rest in court.

Tagged with: Sept. 2011 issue

Employer cannot extend non-compete agreement

October 7, 2011 Comments Off on Employer cannot extend non-compete agreement

An employer could not extend a non-competition agreement with a former employee beyond the agreed-upon duration, the 1st U.S. Circuit Court of Appeals has decided.

Tagged with: Sept. 2011 issue