Just When You Thought It Was Over: Eleventh Circuit Deepens Disagreement on FCA's Tolling Provision
Client Alert | 1 min read | 06.13.18
In U.S. ex rel. Hunt v. Cochise Consultancy Inc., the Eleventh Circuit held that a relator in a non-intervened qui tam action may rely on the FCA’s tolling provision in 31 U.SC. § 3731(b)(2), which expands the 6-year statute of limitations to allow suits to be brought within 3 years of the date that the relevant government official learns of the alleged violation. In so holding, the court disagreed with already divergent views from the Fourth, Tenth, and Ninth Circuits, increasing the depth of the circuit split on this issue. C&M attorneys discuss the Eleventh Circuit’s decision and its potential impact in a recent post for Crowell & Moring’s Government Contracts Legal Forum.
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The New Jersey Family Leave Act (NJFLA) entitles eligible employees to up to 12 weeks of unpaid, job-protected leave per 24-month period for bonding with a new child, caring for a seriously ill family member, or responding to certain public health emergencies. The law covers employers with 30 or more employees worldwide, and employees must have at least one year on the job and 1,000 hours worked in the preceding 12 months to qualify. Unlike the federal Family and Medical Leave Act (FMLA), the NJFLA does not cover an employee’s own serious health condition, but instead pairs with New Jersey’s Temporary Disability Insurance (TDI) and Family Leave Insurance (FLI) programs, which provide partial wage replacement — funded through employee payroll contributions — when employees are out on qualifying leave.
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