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Searching Content indexed under Employment and HR by BakerHostetler ordered by Published Date Descending.
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1
California Court Of Appeal Concludes That Claims Under Labor Code 2800 And 2802 Not Excluded From Coverage By "Wage And Hour" Exclusion In Lloyd's Of London Insurance Policy
In a win for California employers, the California Court of Appeal for the Fourth District held in Southern California Pizza Co., LLC v. Certain Underwriters at Lloyd's, ...
United States
9 Oct 2019
2
The Ninth Circuit Bows To Supreme Court Authority, Affirms Three Principles Supporting Removal Of CAFA Removal Cases
The Class Action Fairness Act of 2005 ("CAFA") grants federal courts jurisdiction to preside over certain class action cases where, based on the claims alleged,
United States
8 Oct 2019
3
The DOL Reveals Its Final Overtime Rule Increasing Minimum Salary Threshold For FLSA Exemptions, Set To Take Effect Jan. 1, 2020.
This morning the Department of Labor (DOL) released its highly anticipated final rule updating the minimum salary thresholds ...
United States
1 Oct 2019
4
NLRB Adopts Standard Making It Easier For Employers To Make Unilateral Changes To Working Conditions
Labor Board Ditches the "Clear and Unmistakable Waiver" Standard in Favor of the Employer-Friendly "Contract Coverage" Test
United States
27 Sep 2019
5
Change Is Coming For California Businesses. Here's What To Do.
California's Governor Gavin Newsom has signed into law Assembly Bill 5, a bill significantly altering the standard for classifying a worker as an employee versus an independent contractor.
United States
25 Sep 2019
6
Third Circuit Affirms $4.5 Million Verdict In Favor Of Exotic Dancers
A significant amount of wage and hour class/collective jurisprudence has developed around the issue of whether exotic dancers are employees or independent contractors.
United States
24 Sep 2019
7
Third Circuit Opinion Involving Uber Only Adds More Questions To The Dispute Over The Scope Of The FAA Section 1 Residual Clause
Recent decisions have cast doubt on the enforcement of arbitration clauses in the context of the interstate transportation of goods
United States
20 Sep 2019
8
CA Supreme Court Rules That Employees Cannot Recover Unpaid Wages Through PAGA
California's Supreme Court has cut off an area of significant potential exposure for California employers by ruling that employees cannot recover unpaid wages...
United States
20 Sep 2019
9
Reminder To Submit EEO-1 Pay Data By September 30, 2019
By September 30, 2019, employers with 100 or more employees are required to submit certain pay data
United States
4 Sep 2019
10
Ninth Circuit Reverses Itself And Finds That At Least Some ERISA Claims Can Be Compelled To Arbitration
The Employee Retirement Income Security Act of 1974 ("ERISA") was the largest statute ever passed by Congress at the time it was enacted and has only grown further since then
United States
27 Aug 2019
11
New Job Protections For Medical Marijuana Users In New Jersey
Last month, New Jersey Governor Phil Murphy signed into law the Jake Honig Compassionate Use Medical Cannabis Act (the Act),
United States
23 Aug 2019
12
New York State Expected To Vastly Overhaul Harassment/Discrimination Laws Again
As we reported in our blog post, and our summer newsletter, in late June, the New York Legislature passed a bill that vastly changed the discrimination and harassment landscape for employers.
United States
22 Aug 2019
13
District Court Decertifies FLSA Collective Action With Independent Contractor Issues
We've commented many times before that relatively few collective actions survive the "second stage" motion to decertify or, relatedly, an unofficial "third stage"...
United States
22 Aug 2019
14
Ninth Circuit Undermines Use Of Time Studies In Disposing Of Wage And Hour Claims In California
Two years ago, we blogged a pair of cases with similar fact patterns and outcomes involving the successful use of time studies
United States
22 Aug 2019
15
California Supreme Court Reopens The Door For SLAPPing Retaliation And Discrimination Claims
The California Supreme Court has ruled that a former employee's retaliation or discrimination claim can be dismissed at the initial stages of litigation via California's anti-SLAPP statute.
United States
22 Aug 2019
16
New York State Bans Race Discrimination Based On Hair Texture And Hairstyles
We previously reported that the NYC Commission on Human Rights issued legal enforcement guidance for employers regarding racial discrimination on the basis of hair under the New York City
United States
22 Aug 2019
17
UPDATE: Texas Legislature And Courts Clash With Cities Over Mandatory Sick Leave: What Employers Need To Know
Earlier today, Dallas became the last of the three Texas cities to face a legal challenge to its paid sick leave ordinance, which is scheduled to take effect this Thursday, August 1.
United States
22 Aug 2019
18
Paid Family And Medical Leave Is Coming To Oregon
Earlier this month, Oregon passed its own paid family and medical leave act (the act), making it the eighth state in the country to pass such a law. Oregon joins California
United States
22 Aug 2019
19
The Fifth Circuit Agrees With Its Sister Circuits That Class Arbitrability Is A Gateway Issue For Courts, Not Arbitrators
In a predictable decision, the Fifth Circuit has held that the availability of class arbitration is a gateway issue for the courts to decide, absent "clear and unmistakable" language in the arbitration agreement to the contrary.
United States
20 Aug 2019
20
The Ninth Circuit Withdraws Its Opinion Applying Dynamex Retroactively; Asks California Supreme Court To Decide Instead
The Ninth Circuit Court of Appeals changed its mind and decided to ask the California Supreme Court to decide whether the California Supreme
United States
20 Aug 2019
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