In June, a federal district court in New York ruled that the Federal Arbitration Act (FAA) preempts a recent state law prohibiting mandatory arbitration agreements in sexual harassment cases. Latif v. Morgan Stanley & Co. LLC marks the first time that a federal court has ruled on this issue.
Continue Reading NY Ban On Mandatory Arbitration Of Sexual Harassment Claims Overturned
High Times Ahead: New Laws Restrict Marijuana Drug Testing In Recruiting + Hiring
Beginning in 2020, Nevada and New York City will restrict an employer’s ability to screen job applicants for marijuana use. As marijuana legalization spreads across the country, other jurisdictions will likely follow suit. Employers, especially those that recruit in Nevada and NYC, should review their drug testing and hiring practices now to stay compliant.
What it means for you
Marijuana use by employees is for the first time protected in some jurisdictions, increasing the risk of discrimination claims by applicants and employees. Employers that hire in Nevada and NYC should consider whether their current recruitment and hiring practices may unlawfully discriminate by screening out applicants who have used marijuana. Here is an overview of the new laws:
Continue Reading High Times Ahead: New Laws Restrict Marijuana Drug Testing In Recruiting + Hiring
Human Resources & Antitrust: A New Risk Is Emerging
Baker McKenzie’s antitrust specialists see new areas of focus for antitrust agencies around the globe: Procurement, HR and R&D.
Is your company prepared?
With increased scrutiny from antitrust regulators, companies and staff that agree not to poach employees from others, or fix wages, are increasingly in danger of serious financial and even criminal penalties. This
Arbitration of Employment Claims Globally
While the benefits of arbitration clauses in employment documents with US employees are highly publicized and well known, arbitration clauses with employees outside of the US (OUS) are much less prevalent due to enforceability issues and administrative hurdles.
Unlike in the US, where arbitration can often be quicker, limit opportunities for appeal, and affords greater confidentiality, this is not always the case OUS.
California Assembly Passes Bill Codifying “ABC” Test For Independent Contractor Determination
The California State Assembly passes a Bill that codifies the infamous “ABC” test for independent contractor determination — will the Senate follow suit, and will the Governor sign the new legislation into law?
The New Bill
On May 29, 2019, by a 55-11 vote, the state Assembly passed AB 5, a bill that would codify the California’s Supreme Court’s decision in Dynamex Operations West, Inc. v. Superior Court.
Continue Reading California Assembly Passes Bill Codifying “ABC” Test For Independent Contractor Determination
The Essential Question Of The Gig Economy
Hiring Entity: When are gig workers employees?
Four Government Agencies & Courts: It depends!
Trying to track the employment status of gig workers will make your head spin. Contractors? Employees? Super heroes?
In the last few weeks, four federal and California state agencies and courts — the US Department of Labor, the National Labor Relations Board, the Ninth Circuit Court of Appeals and the California Labor Commissioner — have all weighed in on the debate. And, the answer is — it depends.
Follow our script below to help make sense of the patchy legal landscape.Continue Reading The Essential Question Of The Gig Economy
You’re Invited: Where HR Meets Antitrust | Chicago June 18 | New York June 19
How to bridge the gap between HR and legal to avoid exposure in the US and beyond
Effective HR departments are imperative to the operation of any company and functions including benchmarking and non-solicitation agreements serve an important need. However, increased scrutiny from antitrust regulators means that companies and staff that agree not to poach
Inclusion Or Bust
Once again, Baker McKenzie attorneys, industry thought leaders and key clients from around the world convened (this time in New York) to answer this essential question: What is the future of work?
One consistent theme that permeated many of our discussions can be summed up as: Inclusion or Bust.
What does this mean?
It means that as global employers, we’re moving beyond a singular focus on diversity. As guest speaker Vernā Myers says,
Diversity is being invited to the party. Inclusion is being asked to dance.”
To truly reap the rich rewards of a diverse workplace, companies must invest generously and continuously in inclusion. Many senior business leaders predict that companies that don’t will be left behind and may actually cease to exist entirely in the not too distant future.Continue Reading Inclusion Or Bust
In Expansive Decision, Ninth Circuit Rules Dynamex Applies Retroactively
In last Thursday’s Vazquez v. Jan-Pro Franchising, the Ninth Circuit made several impactful findings related to the infamous Dynamex decision:
- Aligning with several state court decisions supporting retroactivity, the Ninth Circuit ruled that Dynamex’s ABC test applies retroactively.
- It also applied Dynamex to a multi-level franchise structure, expanding the test beyond the independent contractor context.
- Last, the Court issued guidance to the district court on remand reaffirming the difficulty of “passing” the ABC test.
Continue Reading In Expansive Decision, Ninth Circuit Rules Dynamex Applies Retroactively
EEOC FY 2018 Enforcement & Litigation Data Reveal Trends In Employment Litigation
On April 10, the EEOC released its charge filing statistics for Fiscal Year 2018, which ran from October 1, 2017 to September 30, 2018. These annually disclosed statistics reveal continued trends in the employment litigation space and provide an opportunity for employers to ensure their policies and practices address issues arising in the ever-changing modern workplace.
Continue Reading EEOC FY 2018 Enforcement & Litigation Data Reveal Trends In Employment Litigation