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1
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
2
Can Delivery Drivers Be Compelled To Arbitrate After New Prime? New Jersey Appellate Courts Seem To Take Conflicting Positions
After New Prime v. Oliveira, 139 S. Ct. 532 (2019), many wondered if state arbitration law could be applied when transportation workers were found to be exempt from the Federal Arbitration Act (FAA) based on § 1.
United States
18 Jun 2019
3
Washington State's New Noncompetition Laws
Washington state employers that rely on noncompetition agreements will face a dramatically different legal landscape beginning Jan. 1, 2020, when a new noncompetition law takes effect.
United States
11 Jun 2019
4
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
5
Noncompete Update For 2019
This year, we are monitoring several interesting and novel issues in the restrictive covenant context.
United States
11 Apr 2019
6
Arbitration For Transportation Workers? The Anticipated Push To Expand The FAA Exemption
As we indicated in a January 17, 2019 blog article, the New Prime v. Oliveira, 139 S. Ct. 532 (2019), opinion was likely to lead to uncertainty in the transportation industry.
United States
21 Mar 2019
7
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
8
New Prime Decision Adds Uncertainty to Arbitration In The Transportation Industry
The U.S. Supreme Court's decision in New Prime v. Oliveira, No. 17-340 (Jan. 15, 2019), has added uncertainty to arbitration agreements in the transportation industry by holding that the Federal Arbitration Act (FAA) § 1 exception covers both employees and independent contractors of a trucking company.
United States
23 Jan 2019
9
California Off-The-Clock Case Involving Independent Contractors Crumbles
Extensive expert report still fails to establish fairness and manageability for trial.
United States
15 Jan 2019
10
"A To Z" Of What California Employers Need To Know For 2019
With the new year comes new laws that affect California employers.
United States
7 Jan 2019
11
Increased Scrutiny Of "No-Poach" Restrictions
Earlier this year, Washington State Attorney General Bob Ferguson announced settlements with fast-food franchises to remove "no-poach" clauses from their franchise agreements.
United States
7 Jan 2019
12
What's Ahead At The Supreme Court?
There are at least four cases now before the U.S. Supreme Court that may be of significant interest to employers
United States
28 Dec 2018
13
Reminder: NJ Sick Leave Act Becomes Effective This Month
Reminder – Earlier this year (as we reported in this post), the New Jersey Paid Sick Leave Act (NJPSLA) was approved.
United States
24 Oct 2018
14
Court Reduces Proposed Attorney Fee Award By More Than 90 Percent
One of the drivers of the increased number of wage and hour cases is the prospect of handsome attorney fee awards.
United States
22 Oct 2018
15
The BakerHostetler Quarterly New York Employment Newsletter - Fall 2018
Welcome to the second edition of The BakerHostetler Quarterly New York Employment Law Newsletter. We are pleased to share our analysis of some key employment trends, in-depth discussions regarding recent developments and what to expect looking forward.
United States
9 Oct 2018
16
New York Attorney General's Office Reaches Another Settlement Over Non-Competes
Last week, the Office of the NYAG's Office reached a settlement with WeWork, a New York City-based company that provides shared "co-work" spaces nationwide and internationally regarding its use of non-compete...
United States
28 Sep 2018
17
And Yes, Epic Systems Applies to Independent Contractors, Too
Unreported opinion will also impact potential counterstrategy
United States
10 Sep 2018
18
Changing The Competition – Massachusetts Enacts Comprehensive Non-Compete Reform
After nearly a decade of debate, Massachusetts has passed comprehensive legislation limiting the use of noncompetition agreements.
United States
20 Aug 2018
19
Update: Section 1 Challenge To Jimmy John's No-Poach Agreement Survives Motion To Dismiss
We recently wrote that the Department of Justice's and the Federal Trade Commission's announcements condemning no-poaching agreements already have sparked civil class actions
United States
15 Aug 2018
20
Predictable Schedules A Right, Not A Privilege, In NYC Fast-Food And Retail Industries
Toward the end of 2017, New York City implemented the Fair Workweek Law, which aspires to ensure more predictable schedules and paychecks for fast-food and retail workers...
United States
1 Aug 2018
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