Former Employee Claims Pan de Sal and Grill 21 Cheated Workers Out of the Minimum Wage and Overtime Pay
A federal judge has refused to dismiss claims that two well-known Filipino restaurants in New York City deprived their workers of the minimum wage and overtime pay. Pan de Sal and Grill 21 in Manhattan are facing a class action lawsuit accusing them of violating state and federal minimum wage and overtime laws. The lawsuit was brought by a former employee, Violeta Morales, on behalf of herself and all other hourly workers at the two restaurants and four other companies owned by Marissa Teves Beck. The complaint alleges that Mrs. Beck cheated employees out of their compensation by refusing to report all the hours the employees worked to the payroll companies that prepared their paychecks. The restaurant owner asked a federal judge to dismiss the case, but the judge denied the motion. U.S. District Judge Alvin K. Hellerstein found that “the complaint sufficiently alleges, against all defendants, its claims under the Fair Labor Standards Act and the New York Labor Law.” Judge Hellerstein also found that the claim for a collective action on behalf of all of the current and former employees was sufficiently stated. The complaint points to what it calls Mrs. Beck’s “history of willfully failing to pay employees the wages they are legally entitled to receive.” The complaint states that the U.S. Department of Labor issued a determination letter in 2008 finding that Mrs. Beck cheated employees out of more than $3 million in wages and, in 2009, a federal court entered a permanent injunction against Mrs. Beck. According to Ms. Morales’ complaint, the new lawsuit “has been made necessary by Mrs. Beck’s willful contempt for this Court’s permanent injunction and the rights of her employees.” Ms. Morales also alleges that Mrs. Beck attempted to conceal her illegal activity by creating multiple sets of payroll records, paying employees “off the books,” and moving employees from the books of one corporate entity to another without regard to where they actually worked. Judge Hellerstein ordered the defendants to answer the class action complaint and scheduled a status conference at 10:00 a.m. on May 30, 2014. The plaintiff is represented by John Howley, a New York lawyer who has lived in the Philippines and speaks Tagalog. The defendants are represented by Concepcion Montoya, a Fil-Am lawyer with the firm of Hinshaw & Culbertson LLP. For more information, contact: John Howley, Esq. 350 Fifth Avenue, 59th Floor New York, New York 10118 (212) 601-2728
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Astellas Pharma Pays $7.3 million to Settle Qui Tam Lawsuit Alleging Off-Label Promotion of Mycamine for Pediatric Use
A former sales representative for Astellas Pharma US will receive a $700,000 whistleblower reward as part of a settlement of a qui tam or whistleblower lawsuit he brought under the federal False Claims Act. Frank Smith, the former pharmaceutical sales representative, started a qui tam lawsuit under the federal False Claims Act alleging that his employer illegally marketed and promoted the drug Mycamine for a use that was not approved by the federal Food & Drug Administration (FDA). Specifically, the lawsuit alleged that Mycamine was marketed and promoted for pediatric use when the FDA had only approved the drug for use in adults. When a drug is marketed for an off-label use, it results in false claims for reimbursement to Medicare and Medicaid. The drug company that engaged in off-label marketing is liable for those false claims and may be required to pay back three times the amount Medicare and Medicaid paid for the drug, plus a penalty of up to $11,000 per false claim. The pharmaceutical company in this case agreed to settle the whistleblower lawsuit for $7.3 million. The federal government will receive $4.2 million of that amount and state governments will share $3.1 million. Under the federal False Claims Act, an individual who has evidence of false claims may start a lawsuit “under seal” (in secret) on behalf of the United States government to recover the money that was paid for the false claims. This is known as a qui tam lawsuit. The government then must investigate the allegations and decide whether to join in the lawsuit or allow the whistleblower to prosecute the lawsuit with his own lawyer. When the government recovers money as a result of the qui tam lawsuit, the whistleblower is entitled to a reward of between 15% and 30% of the total amount recovered. In this case, the whistleblower will receive more than $700,000 from the federal portion of the recovery, or approximately 17% of the federal government’s share of the settlement. The whistleblower may also be entitled to rewards from the state governments’ share of the settlement under state false claims acts. If you have evidence that false claims are being submitted to Medicare or Medicaid, then you should consult with an experienced whistleblower lawyer immediately to protect your rights. You may be entitled to a significant reward and legal protections. Do not delay. Only the first whistleblower who comes forward with evidence is entitled to the reward. To arrange a free and confidential consultation with an experienced whistleblower lawyer, call John Howley, Esq. at (212) 601-2728, or click here to reach our law offices via email. John Howley, Esq. 350 Fifth Avenue, 59th Floor New York, New York 10118 (212) 601-2728 Physical Therapy Employees Share $400,000 Whistleblower Reward for Reporting Medicare Fraud4/14/2014 Physical Therapy Clinic Will Pay $2.78 Million to Settle Medicare Fraud Lawsuit
Alliance Rehabilitation, LLC and Active Physical Therapy Services, LLC will pay $2.78 million to settle allegations that they submitted false claims to Medicare and the TRICARE health care program. The companies allegedly billed Medicare for physical therapy services under the name and NPI number of a particular physical therapist when, in fact, that physical therapist was not involved in providing or supervising the services. The settlement resolves similar allegations of false claims involving both Medicare and TRICARE. The false claims for physical therapy services were brought to the attention of the government by two former employees. Under the False Claims Act, individual citizens may bring a lawsuit on behalf of the government and share in any recovery. The whistleblower rewards range from 15% to 30% of the amount recovered. In this case, the two whistleblowers will share more than $400,000 in whistleblower rewards. If you have evidence that false claims are being submitted to Medicare or Medicaid for physical therapy or other medical services, then you should consult with an experienced whistleblower lawyer immediately to protect your rights. You may be entitled to a substantial reward and legal protections. Do not delay. Only the first whistleblower who comes forward with evidence of Medicare or Medicaid fraud is entitled to the whistleblower reward. To arrange a free and confidential consultation with an experienced whistleblower lawyer, call John Howley, Esq. at (212) 601-2728 or click here to reach our law offices via email. John Howley, Esq. 350 Fifth Avenue, 59th Floor New York, New York 10118 (212) 601-2728 |
John Howley, Esq.
350 Fifth Avenue 59FL New York, NY 10118 (212) 601-2728 |