By Mani Dabiri | Published May 28, 2020 | Posted in Federal and State Criminal Defense, Government Subpoenas and Investigations, White-Collar and Regulatory Defense | Tagged Tags: chargingdecisions, laborandemployment, lenity, mailbankwirefraud, mensrea, overcriminalization |
Dude Catches Federal Case for Lying about Covid
Consider the juxtaposition. Last week, we wrote about people whose convictions were reversed because their conduct, while wrong, didn’t quite fit the crime. They made a mistake and lied—rather egregiously—but it wasn’t wire fraud because they didn’t do it to obtain money or property from the other side. Fair enough. This week, we couldn’t help but Read More
Read MoreThe SBA’s FAQs on the PPP
Here’s the government’s FAQ sheet on the Paycheck Protection Program, current as of today. It may not have all the answers, but it gives relatively simple answers to 47 questions by lenders, borrowers, and others. Here’s a sampling: Do payments to independent contractors count toward payroll? No. See Question 15. Do part-time employees count? Yes, for eligibility but no, Read More
Read MorePut that New-Year Resolution on Hold
That’s what a federal court in California said to the state legislature two days before a new employment law was to go into effect. The new law, Assembly Bill 51, would’ve banned mandatory arbitration agreements with employees. It also would’ve banned agreements that required folks to opt out of arbitration. And it would’ve barred retaliation against those Read More
Read MoreA Class of World-Class Footballers
The federal court in Los Angeles has certified a class action in the case of soccer players from the U.S. women’s national team who have sued over unequal pay. What does that mean? It means the court agreed that the plaintiffs should be grouped together as a class because there’s a lot of them, for Read More
Read MoreFailing to Point Out the Other Side’s Fail
Last week, the U.S. Supreme Court answered a notable question in the world of employment litigation. Does it matter that an employee failed to follow the “right-to-sue” process before suing for discrimination, if the employer never complains? The answer: No. What if the employer does complain but takes its sweet time doing so? The answer: Still Read More
Read MoreNew Federal Rules Proposed About Sexual Harassment on Campus
On Thursday, the U.S. Department of Education proposed new rules on the handling of sexual-harassment complaints on school campuses that receive federal funding. The regulations aim to address when a school violates Title IX, a federal law against sex discrimination, based on the way it responds (or doesn’t respond) to such complaints. There is a Read More
Read MoreRestraining Orders to Protect the Elderly, the Disabled, and the Workplace
For two weeks we’ve covered the two main restraining orders in California. First it was the domestic-violence restraining order; then it was the civil-harassment restraining order. Here are two more to mention for now. One is a restraining order for elders and dependent adults. To get one, you must be at least 65 years old Read More
Read MoreThe Name of the Game is Compliance
Two more points for now on California’s Private Attorneys General Act. First, in many cases, you don’t have to prove that your employer’s violation hurt you or cost you anything. You just need a violation. For example, the Labor Code requires pay stubs to accurately itemize certain basic information. If yours don’t, it’s a violation Read More
Read MoreCalifornia’s Private Attorneys General Act
Here’s more of what we touched on last week. Under PAGA, employees can sue their employers for all labor-code violations against them and their fellow employees. To do it, you have to be a current or former employee who was affected by at least one of the violations. If so, you can sue on behalf of Read More
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