Employee Efforts to Stop Employer FCA Violation is Protected Activity Even When No Distinct Possibility of FCA Litigation, Says Fourth Circuit

The Fourth Circuit recently held, in an unpublished opinion, that the anti-retaliation or “whistleblower” provisions of the False Claims Act (“FCA”) protect an individual’s efforts to stop a contractor from violating the FCA, even when there is no “distinct possibility” of litigation.

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SCOTUS’ Decision On NC’s Voter Restrictions Was Too Close for Comfort

By | LXBN | September 2, 2016
Photo Credit: James Willamor cc

In a close Supreme Court decision the justices voted (4-to-4) against reinstating North Carolina’s identification requirement, meaning voters won’t have to show one of several qualifying photo IDs when casting ballots in the battleground state this November and early voting reverts to 17 days. With the decision coming so closely after the Fourth Circuit just struck down the voting laws, a question lingers in the air: What will it take for the conservative bloc on the high court to vote against voter ID laws?

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Fourth Circuit Affirms Dismissal of Ex-Employee’s Retaliation Suit

By | FCA Update | August 30, 2016

On August 22, 2016, the US Court of Appeals for the Fourth Circuit issued a decision in Carlson v. DynCorp International LLC, affirming the district court’s dismissal of an ex-employee’s retaliation suit under the False Claims Act’s (FCA) anti-retaliation provision, 31 U.S.C. § 3730(h).

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Fourth Circuit Decision Reminds Employers That Overbroad Noncompete Agreements May Not Be Enforceable

By | Employment Matters | August 17, 2016

If your company operates in a territory covered by the 4th circuit (Maryland, Virginia, West Virginia, North Carolina, and South Carolina) and requires employees to sign a noncompete agreement with language similar to the following, it may be time to consider revising the agreement.

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Supreme Court Stays Fourth Circuit Transgender Case

By | Education Law Review | August 4, 2016
Supreme Court Stays Fourth Circuit Transgender Case

Yesterday (August 3), the Supreme Court voted 5-3 to stay the decision of the U.S. Court of Appeals for the Fourth Circuit in G. G. v. Gloucester County (VA) School Board, No. 15-2056, wherein the Court of Appeals ruled that under Title IX of the Education Amendments of 1972 the school district must allow a transgender student to use the bathroom facilities of the student’s gender identity (in this case a female who identified as a male).

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The Fourth Circuit Holds That Fire Captains Are Non-Exempt Employees Under the FLSA Because Their Primary Job Duty is Being a First Responder

The Fourth Circuit Holds That Fire Captains Are Non-Exempt Employees Under the FLSA Because Their Primary Job Duty is Being a First Responder

The United States Court of Appeals for the Fourth Circuit (covering such east coast states as Virginia, West Virginia, and Maryland) recently held that a group of fire Captains are entitled to overtime under the FLSA because their primary duty is being a first responder.

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