The Court concluded that because CEPA and the NYWL are not complementary or parallel, applying CEPA to the Port Authority would impermissibly subject the agency to single-state legislation. It further noted the lack of complementary or parallel legislation only further evidenced that New York and New Jersey did not mutually intend to consent to suit under CEPA. This decision precludes employees of the Port Authority from filing CEPA claims in the future. … [Read more...] about Port Authority Not Subject to Worker-Friendly New Jersey Whistleblower Law, State Court Rules
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Family and Medical Leave Act (FMLA) This year, the Third Circuit also rendered two significant decisions regarding the FMLA. In Lupyan v. Corinthian Colleges Inc. , No. 13-1843, 2014 WL 3824309 (3d Cir. Aug. 5, 2014), the Third Circuit held that, to establish that an employee received the written notice of rights required under the FMLA, the employer could not merely furnish affidavits from mailroom or HR personnel attesting that the notice had been mailed. In rejecting the so-called "mailbox rule," the court stressed that "[defendant] provided no corroborating evidence that [plaintiff] received the Letter." It specifically emphasized that "[t]he Letter was not sent by registered or certified mail, nor did CCI request a return receipt or use any of the now common ways of assigning a tracking number to the Letter." For more on Lupyan and ways to establish receipt of the FMLA notice, please see our prior newsletter . … [Read more...] about 2014 Year in Review—the Top 10 Trends in New Jersey Employment Law
NY Attorney General Eric Schneiderman recently announced his plans to propose legislation that would create a whistleblower incentive program at the state level. The proposal, titled the Financial Frauds Whistleblower Act, would provide monetary awards to eligible individuals who report original information about illegal activity in the banking, insurance, and financial services industries. The Financial Frauds Whistleblower Act also would enhance anti-retaliation protection for employees who report suspicious or illegal activity. Additionally, the proposal provides for confidentiality for whistleblowers. … [Read more...] about New York Whistleblower Bounty Program On The Horizon?
Defendants moved to dismiss on the grounds that the complaint failed to identify a particular “law, rule or regulation” that they purportedly violated. After the trial court denied the motion, Defendants appealed. The Appellate Division disagreed with the trial court, ruling that the complaint failed to state a cause of action because it did not identify a specific “law, rule or regulation” that the employer allegedly violated. Plaintiff appealed to the New York Court of Appeals. … [Read more...] about New York Court of Appeals Expands Potential For State Whistleblower Claims
Based on the public settlement documentation (Settlement Agreement), Harbert was alleged to have earned hundreds of millions of dollars through an office in New York from 2004 - 2009, for which it paid no income tax to New York. While Harbert did pay Alabama taxes for all of its income, the New York Attorney General alleged that state law requires taxes to be paid on any income derived from New York activities. … [Read more...] about Lessons Learned from New York’s Largest Ever False Claims Act Tax Settlement