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NLRB adopts new test for independent contractor misclassification, applies it to find FedEx drivers are employees who can unionize

  • Baker & Hostetler LLP
  • -
  • USA
  • -
  • October 10 2014

The NLRB has tossed a new vegetable into the enormous salad of independent contractor misclassification tests. As companies might expect, the new

FAAAA keeps "trucking" through California meal and rest break laws

  • Baker & Hostetler LLP
  • -
  • USA
  • -
  • June 26 2012

We have previously wrote about the recent success of California trucking companies defeating California meal and rest break claims by arguing that the laws are preempted by the Federal Aviation Administration Authorization Act (FAAAA

EEOC’s battle against employee releases heats up

  • Baker & Hostetler LLP
  • -
  • USA
  • -
  • May 19 2014

In February, we commented on the EEOC v. CVS Pharmacy, Inc. case, where the EEOC filed a "pattern or practice" lawsuit against CVS in Illinois

When acting to prevent data breaches and comply with privacy laws, remember overarching employee rights

  • Baker & Hostetler LLP
  • -
  • USA
  • -
  • September 4 2014

The grocery business may be "fresh and easy," but drafting a confidentiality and data protection policy that withstands the scrutiny of the current

Ninth Circuit upholds TERO requirements in Indian country mineral leasing

  • Baker & Hostetler LLP
  • -
  • USA
  • -
  • September 29 2014

Conducting commercial operations on tribal lands can pose significant challenges for non-Indian companies. Demonstrating sensitivity to the cultural

Seventh Circuit rejects attorney fee award premised on administrative costs

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

As we've commented before, class actions frequently take on a life of their own. They involve large sums of money, frequently raise difficult

Noel Canning v. NLRB: the decision, its potential impact, and the future of the national Labor Relations Board

  • Baker & Hostetler LLP
  • -
  • USA
  • -
  • February 4 2013

On Friday, January 25, 2013, we informed you that the Federal Circuit Court of Appeals in Washington D.C. had struck down President Obama's "recess

Air marshal whistleblower v. TSA: Supreme Court to blow final whistle

  • Baker & Hostetler LLP
  • -
  • USA
  • -
  • June 17 2014

On July 25, 2014, the U.S. Government will submit its opening brief to the Supreme Court in the decade-long battle that began when the Transportation

Not settling for less: the EEOC’s latest challenge to employee releases

  • Baker & Hostetler LLP
  • -
  • USA
  • -
  • February 13 2014

The Equal Employment Opportunity Commission ("EEOC") recently filed a "pattern or practice" lawsuit against CVS Pharmacy, Inc., alleging that CVS

No sale -- sales commissions violate anti-kickback statute; prevent enforcement of nonsolicitation

  • Baker & Hostetler LLP
  • -
  • USA
  • -
  • March 7 2013

A durable medical equipment (DME) distributor, Joint Technology, Inc., entered into an agreement to pay a salesman commissions ranging from 18 to 22