Criminalization of Employment Law: A New Risk for Managers?

by J. Robert Brame, McGuireWoods LLP In the 1990s, there was a growing concern about the “criminalization” of corporate law, in part justified by the passage of the Sarbanes-Oxley Act, which placed real criminal risks on top managers. While Sarbanes-Oxley was no threat to HR managers at first, innovative prosecutors and plaintiffs’ attorneys are changing […]

Eleventh Circuit Decision Is Immigration Bombshell for Employer

Immigration reform appears to have stalled yet again, but the legal implications for employers have not. Back in 2005 and again in 2006 there was a novel case in which legal employees used a law designed to target organized crime to sue their employer over its use of illegal employees. The case bounced around the […]

News Notes: Ninth Circuit Rejects Overtime And Mail Fraud Claim

Yokohama Tire Corp. employee Christopher Miller sued under RICO (Racketeer Influenced and Corrupt Organizations), the federal organized crime statute, charging Yokohama conducted a fraudulent scheme to deny employees overtime. Miller claimed high-ranking Yokohama employees falsely told him and other workers they weren’t entitled to overtime pay because they were salaried, and that every time Yokohama […]