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Increased penalties for employers who fail to obtain workers' compensation

Baker & Hostetler LLP
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USA
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December 31 2009

Senate Bill 313 increases penalties against employers who fail to secure workers' compensation for their employees

EFCA update: compromise, delay and uncertainty

Baker & Hostetler LLP
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USA
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September 23 2009

For the past few months, Senate leadership has been managing expectations on the Employee Free Choice Act (EFCA), the bill backed by organized labor designed to make it easier to organize employees and negotiate first-time contracts

Congress considers mandating paid leave for employees

Baker & Hostetler LLP
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USA
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June 2 2009

In yet another example of how the legislative landscape has changed for employers since the 2008 election, two pieces of legislation recently introduced in Congress would require employers to provide paid leave for their employees

California federal court rules that corporate defendant may meet CAFA amount-in-controversy threshold by using a reasonable estimate of damages

Baker & Hostetler LLP
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USA
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November 3 2009

On September 21, 2009, Judge Andrew J. Guilford of the Central District of California struck a blow for common sense in determining CAFA's amount-in-controversy threshold

IRS to audit 6,000 companies to enforce employment tax compliance

Baker & Hostetler LLP
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USA
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November 10 2009

In the next few months, the IRS will launch comprehensive tax examinations of approximately 6,000 random U.S. companies as part of its National Research Program on employment tax compliance

Collective-bargaining agreement may require employees to arbitrate age discrimination claims, Supreme Court rules

Baker & Hostetler LLP
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USA
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April 15 2009

On April 1, 2009, in the 5-4 decision 14 Penn Plaza LLC v. Pyett, the United States Supreme Court held that a provision in a collective-bargaining agreement requiring union members to arbitrate age discrimination claims is enforceable

Implications of California's new e-discovery laws on employers

Baker & Hostetler LLP
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USA
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December 31 2009

Last summer, California enacted the Electronic Discovery Act, which amended the Civil Discovery Act to include electronically-stored information ("ESI"

California Supreme Court to decide whether daily overtime pay is due to nonresidents for work performed for California company

Baker & Hostetler LLP
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USA
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December 31 2009

The U.S. Court of Appeals for the Ninth Circuit in Sullivan v. Oracle Corporation, 547 F.3d 1177 (9th Cir. 2008) applied California's labor code to out-of-state employees working temporarily in California for employers based in the state

Recent amendment: alternative workweek schedules

Baker & Hostetler LLP
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USA
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December 31 2009

New California legislation allows non-exempt employees subject to a properly implemented alternative workweek schedule to work more than eight hours per day without incurring daily overtime

California Supreme Court to decide whether employers must ensure that meal breaks are taken

Baker & Hostetler LLP
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USA
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December 31 2009

Giving clarity to the rules governing meal breaks, the California Court of Appeal, in Brinker v. Superior Court, 165 Cal. App. 4th 25 (2008), held that while California employers cannot impede, discourage or dissuade employees from taking meal breaks, they need only provide, not ensure, that such breaks are taken