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"A to Z" of What California Employers Need to Know for 2017
  • Baker & Hostetler LLP
  • USA
  • January 10 2017

With the New Year come new laws that affect California employers. The following is the “A to Z” of changes in the law that may affect your business


What’s The Status of Browning-Ferris and the NLRB?
  • Baker & Hostetler LLP
  • USA
  • January 30 2017

In August 2015, the NLRB rewrote the book on joint employment, declaring in the Browning-Ferris case that the right to exercise minimal control, even


Lewis v. Epic Systems Opinion - Seventh Circuit Swimming Against the Tide on Mandatory Individual Arbitration
  • Baker & Hostetler LLP
  • USA
  • May 31 2016

In a sweeping May 26 opinion, the U.S. Court of Appeals for the Seventh Circuit shook up the arbitral landscape and created a remarkable circuit


EEOC v. Abercrombie & Fitch: when religion and fashion collide
  • Baker & Hostetler LLP
  • USA
  • June 8 2015

On June 1, 2015, the U.S. Supreme Court, in an 8-1 decision, ruled in favor of a 17-year-old practicing Muslim, Samantha Elauf, who applied for a job


You Can’t Fire Me for Drug Diversion If I Am Personally Consuming the Drugs
  • Baker & Hostetler LLP
  • USA
  • March 29 2017

A nurse employed by a major Medical Center was suspected of illegally diverting medications. When confronted by her employer with evidence of


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


Texas court holds recruitment agreement does not create hospital respondeat superior liability
  • Baker & Hostetler LLP
  • USA
  • May 14 2009

In a recent case, the Fort Worth Court of Appeals held that a physician recruitment agreement that provided a physician with an income guaranty, sign-on bonus and relocation reimbursement did not make the hospital liable for the malpractice liability of a physician under the doctrine of respondeat superior


Supreme Court rules the "class-of-one" theory does not apply in public employment lawsuits
  • Baker & Hostetler LLP
  • USA
  • June 16 2008

In an important case for public employers, the U.S. Supreme Court announced its decision in Engquist v. Oregon Dep't of Agriculture, et al. on June 9, 2008, and held that a class-of-one theory under the Equal Protection Clause of the 14th Amendment does not apply in the public employment context


Chipotle Wins One, Loses One, in Wage and Hour Class Litigation
  • Baker & Hostetler LLP
  • USA
  • April 3 2017

We’ve commented on numerous occasions about the peculiar paths taken by wage and hour class litigation, particularly with respect to collective


Are charge nurses supervisors? Sixth Circuit decision is cautionary tale for employers
  • Baker & Hostetler LLP
  • USA
  • August 16 2012

Over the past decade, the status of the charge nurse has been the subject of a great deal of uncertainty under the National Labor Relations Act (the Act