With its decision in Comcast Corp. v. Behrend, 133 S. Ct. 1426 (2013), the United States Supreme Court muddled the degree to which a district court may scrutinize the merits of a class action at the certification stage. In Comcast, the class plaintiffs sought to address one of the considerations for certification - the capacity … Continue reading Comcast May Raise Bar on Employment Class Certification
SOX Covers Employee Complaints of More Than Shareholder Fraud
An employee who complains of matters not specifically related to fraud against shareholders may still claim retaliation under the Sarbanes-Oxley Act of 2002 ("SOX"). Lockheed Martin v. Department of Labor, No. 11-9524 (10th Cir. June 4, 2013), http://www.ca10.uscourts.gov/opinions/11/11-9524.pdf. In Lockheed Martin, the employee internally reported what she believed was mail or wire fraud. When later … Continue reading SOX Covers Employee Complaints of More Than Shareholder Fraud
Undocumented Worker Recovers Work-Comp Benefits
The Supreme Court of New Mexico has held, an employer who did not demand documentation of a prospective employee's lawful status at the time of hire could not later use the worker's undocumented status as a defense to paying benefits under the New Mexico Workers' Compensation Act. Gonzales v. Performance Painting, Inc., No. 32,844 (N.M. … Continue reading Undocumented Worker Recovers Work-Comp Benefits