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SCOTUS To Review DOJ Authority In FCA Whistleblower Lawsuit

On June 21, 2022, the Supreme Court of the United States granted certiorari in Polansky v. Executive Health Resources, a False Claims Act (“FCA”) lawsuit appealed to the Third Circuit after the District Court dismissed at the request of the government. The Supreme Court’s decision is anticipated to resolve a split among the circuit courts of appeal regarding the legal standard applicable when the Department of Justice (“DOJ”) moves to…

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Tesla Sued in Another Employment Discrimination Lawsuit

On June 30, 2022, another employment class action lawsuit was filed against Tesla, Inc., (“Tesla” or the “Company”) alleging that African American and Hispanic employees suffer discrimination at the Company’s Fremont factory. More specifically, the lawsuit claims that Tesla supervisors, managers, and Human Resources personnel engaged in daily harassment of African American and Hispanic employees, creating a toxic work environment. Plaintiffs are seeking civil penalties, monetary damages, and a legal…

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Court Grants Class Certification in Eversource ERISA Lawsuit

On May 25, 2022, a District Judge for the District of Connecticut certified a class of over 11,000 current and former participants of the Eversource 401(k) Plan (“Plan”) in an ERISA lawsuit against Eversource Energy Services Company (“Eversource”), the Board of Directors of Eversource Energy Service Company, the Eversource Plan Administration Committee, and the Eversource Investment Management Committee (collectively, “Defendants”), alleging mismanagement of the Plan. Eversource is the plan sponsor…

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Facebook Sued for Collecting Patient Medical Data Without Consent

On June 17, 2022, a class action lawsuit was filed against Meta Platforms, Inc., (“Meta”), formerly known as Facebook, Inc. (“Facebook” or the “Company”), alleging that Facebook has been collecting sensitive medical information from hospital websites without obtaining patients’ consent. The complaint was filed the day after a technology watchdog organization, The Markup, posted an article outlining how Facebook had been unlawfully collecting patient information. Neither Facebook nor any of…

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Massachusetts Supreme Judicial Court Blocks App Driver Ballot Initiatives

In a unanimous opinion issued on June 14, 2022, the Massachusetts Supreme Judicial Court found it was an error for the Massachusetts Attorney General to certify two proposed ballot initiatives to redefine the employment classification of rideshare app drivers. The Court determined the initiatives contained at least two substantially distinct policy decisions, and that the lumping together of multiple policy questions does not allow voters to answer a single initiative…

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Staten Island Amazon Workers Back Union

On April 1, 2022, after multiple years of pandemic-induced layoffs, staffing shortages, contentious vaccine policies, and other workplace issues, Amazon.com, Inc. ("Amazon" or the “Company”) workers at the JFK8 warehouse facility in Staten Island voted in favor of union representation under the Amazon Labor Union (“ALU”), the first certified union to represent Amazon workers. The historic vote presents a massive breakthrough in worker safety. The ALU was created by former…

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Google Pays $118 Million to Settle Class-Action Gender Discrimination Lawsuit

On June 10, 2022, Google LLC (“Google” or the “Company”) agreed to pay $118 million to settle a class action gender discrimination lawsuit filed by former employees in the Superior Court of California, County of San Francisco. Originally filed in September 2017, the lawsuit advanced four California state law causes of action against Google based on alleged salary disparity, including an Equal Pay Act claim, a Labor Code claim, a…

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Sixth Circuit Affirms Denial of Defendants’ Motion to Compel Arbitration

On April 27, 2022, the United States Court of Appeals for the Sixth Circuit affirmed the United States District Court for the Southern District of Ohio’s denial of a motion to compel arbitration, holding that the Cintas Partners’ Plan (the “Plan”) had not consented to arbitration, and, therefore, there was no basis for the Plaintiffs’ claims to be arbitrated. Plaintiffs Raymond Hawkins and Robin Lung originally filed the action in…

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Arizona Court Rejects Defendants’ Bid for Summary Judgment in Summit Center Kickbacks Case

On June 15, 2022, a Federal Judge in the United States District Court for the District of Arizona ruled that a lawsuit concerning illegal kickbacks to physicians was fit to proceed, denying Defendants’ attempt to defeat the legal action. The whistleblower lawsuit alleges that Northern Arizona Healthcare Corporation (“NAHC”), Northern Arizona Orthopedic Surgery Center, LLC, and Flagstaff Medical Center, Inc. (together, “Defendants”), which collectively operate healthcare facilities throughout northern Arizona,…

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Fidelity to Allow Bitcoin Allocation in 401(k) Accounts

On April 26, 2022, Fidelity Investments, Inc. (“Fidelity”) announced that it will offer Bitcoin for employers to include as an investment option in their 401(k) plans. Fidelity will be the first major retirement plan service provider to offer crypto currency. This move comes after the Employee Benefits Security Administration (“EBSA”), an agency within the Department of Labor (“DOL”), published Compliance Assistance Release No. 2022-01 (“Release”) on March 10, 2022. In…

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