Legal News

In a predictable decision, the Fifth Circuit has held that the availability of class arbitration is a gateway issue for the courts to decide, absent “clear and unmistakable” language in the arbitration agreement to the contrary....By: BakerHostetler

The Ninth Circuit Court of Appeals changed its mind and decided to ask the California Supreme Court to decide whether the California Supreme Court’s Dynamex decision should be applied retroactively....By: BakerHostetler

Below is the Federal Policy team’s weekly preview, posted when Congress is in session. HEADLINES - • Negotiators are seeking to wrap up an agreement on raising the debt limit and budget caps, with the House in its final week before a six-week...By: BakerHostetler

Below is the Federal Policy team’s weekly preview, posted when Congress is in session. HEADLINES - • The House will vote to hold in contempt Attorney General William Barr and Commerce Secretary Wilbur Ross, and will also vote on raising the federal...By: BakerHostetler

One of the most fundamental, but often overlooked, defenses in ERISA litigation is that the plaintiff did not allege a violation of an actual ERISA plan....By: BakerHostetler

Recent New York legislation in reaction to the #MeToo movement has sought to limit or foreclose arbitration of employment-related disputes. See N.Y. C.P.L.R. § 7515 (“§ 7515”) and its June 19, 2019, amendment, bill S6577/A842....By: BakerHostetler

Welcome to the Summer edition of The BakerHostetler Quarterly New York Employment Law Newsletter. We are pleased to share our analysis of some key employment trends, in-depth discussions regarding recent developments and what to expect looking...By: BakerHostetler

Dallas has become the third city in Texas, following Austin and San Antonio, to pass a city ordinance requiring private-sector employers to offer paid sick leave to their employees. The ordinances have yet to be implemented in any of these cities....By: BakerHostetler

Late on June 19, New York lawmakers passed a bill that makes wide-sweeping changes to New York State discrimination and harassment law. Gov. Andrew Cuomo has indicated that he will sign the bill, but he has not done so at this point....By: BakerHostetler

Beginning in 2020, Nevada employers can no longer refuse to hire a job applicant for failing a preemployment marijuana screening test. The law, known as “AB132,” became effective on June 5 and is the first of its kind among the states....By: BakerHostetler