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Second Circuit finds auditors exempt and endorses limits on class discovery

  • Baker & Hostetler LLP
  • -
  • USA
  • -
  • July 28 2014

While the number of class or collective action lawsuits has exploded, decisions from Circuit Courts of Appeal, particularly on procedural issues, are

Joint employment finding leads to unexpected $3 million liability in hospital malpractice case

  • Baker & Hostetler LLP
  • -
  • USA
  • -
  • July 25 2014

When Washington Hospital obtained an insurance policy in 2003 to cover medical claims arising from acts by its employees, its insurer probably did

Illinois joins ban-the-box states; New Jersey may be next

  • Baker & Hostetler LLP
  • -
  • USA
  • -
  • July 23 2014

Criminal background questions on employment applications will no longer be permitted in Illinois, effective January 1, 2015. On July 19, Governor

The orphan drug wars: HHS interpretive rule clarifies orphan drug exclusion

  • Baker & Hostetler LLP
  • -
  • USA
  • -
  • July 22 2014

On July 21, 2014, the U.S. Department of Health and Human Services (HHS) released an "Interpretive Rule" in response to a recent U.S. District Court

Thirty years of law in thirty-some pages: the EEOC’s new guidance on pregnancy discrimination

  • Baker & Hostetler LLP
  • -
  • USA
  • -
  • July 22 2014

The Equal Employment Opportunity Commission (EEOC) recently issued its "Enforcement Guidance on Pregnancy Discrimination and Related Issues." It was

Arizona district court rejects joint employer arguments in independent contractor case alleging misclassification of truck drivers

  • Baker & Hostetler LLP
  • -
  • USA
  • -
  • July 21 2014

A month ago we discussed the Ninth Circuit's decision in Ruiz v. Affinity Logistics Corp., Case No. 12-56589 (9th Cir. June 16, 2014), in which the

Background check lawsuits: if it’s not one thing, it’s another

  • Baker & Hostetler LLP
  • -
  • USA
  • -
  • July 15 2014

As we previously have written, employer use of criminal records and background checks with respect to applicants and employees has been the subject

The Ninth Circuit puts up road block to motor carrier arguing that California break laws are preempted by the FAAA Act, but leaves some wiggle room

  • Baker & Hostetler LLP
  • -
  • USA
  • -
  • July 11 2014

On Wednesday, the United States Ninth Circuit Court of Appeals rendered a decision that, on its face, involved a technical preemption issue, but one

No return date, no problem: Seventh Circuit reverses FMLA summary judgment for employer

  • Baker & Hostetler LLP
  • -
  • USA
  • -
  • July 7 2014

On June 24, 2014, the U.S. Court of Appeals for the Seventh Circuit held that an employee did not forfeit her right to leave under the Family and

U.S. Supreme Court refuses to hear petition that proceeding as a collective action under the FLSA is a non-waivable substantive right

  • Baker & Hostetler LLP
  • -
  • USA
  • -
  • July 2 2014

In the last week, we have seen several significant decisions from the U.S. Supreme Court. On Monday, however, the Court made a noteworthy