Two important decisions, one by the United States Supreme Court and one by the General Counsel for the National Labor Relations Board (“NLRB”), were issued this week and may be of interest to government contractors and employers. The United States Supreme Court clarified that the knowledge element for False Claims Act (FCA) claims is based on the actual or subjective knowledge or belief of the defendant, and not what an objectively reasonable person may have known or believed. The General Counsel of the NLRB issued a memo finding that almost all post-employment non-compete agreements violate the National Labor Relations Act (“NLRA”). Discussion below.
