The Right to Bring a Qui Tam Action Can be Revoked by Amendment — Even if You’re Already Half Way Through Your Lawsuit

Let’s say I offer $100 to anyone who finds my lost dog. Let’s say you’ve already started looking for that dog, at night in the freezing cold, because you want that $100. Let’s say you’ve found the dog and are on your way back to my apartment. But, then I change my mind — I don’t want the dog and I don’t want to give you money. Can I say too bad?

What if it wasn’t me who was offering the money, but Congress?  Continue reading

Court to Decide Questions of Mixed-Motives in Retaliation Claims Under Title VII

The Supreme Court has agreed to hear the case of Univ. Texas Southwestern Med. Center v. Nassar, which concerns the standard of causation in retaliation cases under Title VII. If an employer absolutely intended to retaliate against someone for taking a “protected action” (like complaining about discrimination), but would have fired that employee anyway for some unrelated reason, is the employer still liable for its illegal motives?  Continue reading

Internet Commenting and the Right to Organize

In all the kerfuffle about whether or not employers are allowed to access people’s Facebook accounts, another debate has been brewing in the employment law community — can employers fire employees for complaining about their jobs on Facebook?

Many employee-side lawyers argue “no,” — employees have a right to organize. If they can’t even communicate their complaints to each other, how are they supposed to join forces into a union? Apparently, the National Labor Relations Board agrees.    Continue reading

Chicago Passes New Wage Theft Law

There’s a great new article up on Salon about the new wage theft law passed in Chicago. I’ve written a bit about wage theft before, but it basically means what you think it means: employers stealing lawfully earned wages from their employees by not paying what’s owed. This new law is not only great in terms of what it covers, but also in terms of enforcement (what good is a law that doesn’t punish law-breakers?).

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