To prevail on a claim under the Conscientious Employee Protection Act (CEPA), a plaintiff must prove that he or she “reasonably believed” the employer’s conduct was in violation of the law. In Gonzalez v. City of Camden et al., 2012 N.J. Super. Unpub. LEXIS 2672 (N.J. App. Div., Dec. 10, 2012), the New Jersey Appellate Division affirmed the dismissal of a CEPA claim brought by a supervising attorney who was employed by the City of Camden, holding his belief of improper conduct by his employer was unreasonable in light of his experience as an attorney. The Appellate Division held that as an attorney, the plaintiff should have known that a 24-year-old ethics opinion expressly rejected his position. The Gonzalez decision adds to the body of case law recognizing that a CEPA plaintiff may not prevail with a “good heart but empty head.”
On April 27, 2017, the United States Senate confirmed the nomination of Rene Alexander “Alex” Acosta as the nation’s 27th U.S. Secretary of Labor by a bipartisan final vote of 60-38. Eight Democrats and one independent joined the Republicans voting in favor of Secretary Acosta.
New Mental Health Parity Guidance and Enforcement Efforts May Warrant a Deep Dive Into Plan Administration
The Department of Labor (DOL), the Department of the Treasury, and the Department of Health and Human Services (HHS) are making good on their promise to issue more guidance and to aggressively enforce the federal Mental Health Parity and Addiction Equity Act of 2008 (MHPAEA) by recently issuing a slew of new guidance, enforcement statistics, and promises of continued aggressive enforcement.
Extra! Extra! Read All About It! Illinois Court Clarifies Contractor’s Right to Recover for Extra Work
The Illinois Appellate Court from the Fourth District broadly interpreted the elements necessary for contractors and subcontractors to recover for extra work, allowing for recovery based on the implicit approval of the owner. Stark Excavating, Inc. v. Carter Construction Services, Inc., 2012 IL App (4th) 110357, 2012 WL 1025891 (4th…..