Searching Content indexed under Employment Litigation/ Tribunals by BakerHostetler ordered by Published Date Descending.
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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
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
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
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
Ninth Circuit Ruling Means California's Dynamex Independent Contractor Test Must Now Be Applied Retroactively Before April 30, 2018
On May 2, the Ninth Circuit expanded the application of the "ABC" test, adopted by the Supreme Court of California in Dynamex Ops. W. Inc. v. Superior Court.
United States
21 May 2019
Recent Decisions Don't Provide Useful Guidance On Tests For The FAA Exemption Of Transportation Workers
Sometimes being right is not a virtue, especially when it comes to the Federal Arbitration Act § 1 exemption. We predicted uncertainty after the New Prime v. Oliveira decision and got it.
United States
15 May 2019
Illinois District Court Stays Conditional Certification Order Pending Appeal On Arbitrability Issues
Following the Supreme Court's decision in Epic Systems Corp. v. Lewis, 138 S. Ct. 1632 (2018), plaintiffs have tried to come up with strategies to address the impact of arbitration
United States
26 Apr 2019
U.S. Supreme Court Issues Pair Of Decisions Upholding Use Of Arbitration By Employers
In January of this year, the Supreme Court issued a pair of decisions addressing additional issues related to the use of arbitration.
United States
11 Apr 2019
California Federal District Court Interprets Recent California Court Of Appeal Decision To Broadly Prohibit Employee Non-Solicitation Agreements
California employers and their legal counsel reasonably had assumed that California law distinguishes employee non-solicitation agreements ...
United States
11 Feb 2019
A Reminder: Addiction Can Be A Disability
A recent case in Michigan federal court is heading to a jury trial after an employer lost a summary judgment motion aimed at dismissing a former employee's Family and Medical Leave Act (FMLA)
United States
17 Jan 2019
Update On #MeToo – Social Pressures On U.S Businesses In Response To #MeToo
Earlier this year, we saw the #MeToo movement spur action by Congress and state governments to enact legislation enhancing protection for victims of sexual harassment.
United States
17 Jan 2019
Supreme Court Overturns "Wholly Groundless" Exception To Contractual Delegations Of Arbitrability Decisions To Arbitrators
On Jan. 8, 2019, the U.S. Supreme Court issued a unanimous decision regarding an important procedural issue under the Federal Arbitration Act (FAA).
United States
16 Jan 2019
Trump Administration Continues To Reverse Obama Administration's Labor Policies, As Evidenced By Department Of Labor Withdrawing Appeal Of Persuader Rule
On November 9, 2018, the U.S. Department of Labor (DOL) withdrew its appeal of the Obama-era regulation regarding persuader activity and reporting requirements pursuant to Section 203(c) of the Labor-Management Reporting and Disclosure Act.
United States
7 Jan 2019
Tenth Circuit Refers Au Pairs' Class Claims To Arbitration
On Oct. 30, 2018, the Tenth Circuit reversed.
United States
11 Nov 2018
California Court Of Appeals Affirms Employer Class Action Wage And Hour Win At Trial
With many of the easy targets for wage and hour matters gone (e.g., misclassification of assistant managers), plaintiffs' counsel have increasingly turned to technical overtime or minimum wage...
United States
18 Oct 2018
Employers Speak Out On Proposed Changes To FLSA Overtime Rule
On Sept. 14, 2018, the Department of Labor (DOL) conducted a fourth public listening session on proposed changes to the Fair Labor Standards Act (FLSA) overtime exemption.
United States
12 Oct 2018
California Meal Period Claim Done In By Collective Bargaining Agreement
While the proportion of private sector employees represented by unions is down
United States
2 Sep 2018
California Courts Limit Derivative Wage Statement Claims
A common tactic for plaintiffs bringing wage and hour claims is to tack onto those claims an inaccurate wage statement claim under California Labor Code § 226.
United States
31 Aug 2018
[Gasp!] Epic Systems Decision Applies To FLSA Claims
No shocking outcome here. In Gaffers v. Kelly Services, Inc., Case No. 16-2210 (6th Cir. Aug. 15, 2016), the Sixth Circuit held that the Supreme Court's decision in Epic Systems v. Lewis, 138 S. Ct. 1632 (2018) [which we blogged here] applies to claims under the Fair Labor Standards Act (FLSA).
United States
24 Aug 2018
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