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BT Currents - Hot Topics in Employment Law

28 Feb U.S. Supreme Court to Take Up Independent Contractor Arbitration Case

  Our sister labor and employment blog, Labor Relations, recently posted about an important case on the horizon for those in the transportation industry. This week, the Supreme Court agreed to hear the appeal of New Prime, Inc., a transportation company that is asking the Court to overrule the First Circuit and find that an independent contractor’s class action claim should be compelled to arbitration.   Employers who rely on arbitration agreements with their employees and independent contractors will want to pay attention as the…

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28 Feb Dodd-Frank Whistleblowers: Supreme Court Holds Internal Complaints are Not Enough

  Last week, the U.S. Supreme Court held in the Digital Realty Trust, Inc. v. Somers case  that the definition of a “whistleblower” under the Dodd-Frank Act (“Dodd-Frank”) does not cover internal complaints made only to the company.  The employee is required to file a formal complaint with the U.S. Securities and Exchange Commission (“SEC”) to qualify for the increased remedies and greater protections as compared to the Sarbanes-Oxley Act of 2002 (“Sarbanes-Oxley”).  The Court found no ambiguity in the express definition of a “whistleblower”…

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27 Feb Another Court Reverses Course: Second Circuit Holds Title VII Forbids Sexual Orientation Discrimination

  The U.S. Court of Appeals for the Second Circuit issued an opinion on Monday of this week and explicitly held that Title VII prohibits discrimination on the basis of sexual orientation.   In the closely watched case, Zarda v. Altitude Express, Inc., a full panel of the Second Circuit revisited the question of sexual orientation coverage under Title VII.  In its decision, the Court cited the history and intent behind the passage of Title VII – namely, that it was intended to be a…

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13 Feb California Court Determines Gig-Economy Drivers Are Independent Contractors

  In a ruling that will likely have a significant impact on all sharing economy companies, San Francisco U.S. Magistrate Judge Jacqueline Scott Corley ruled that gig-economy drivers are independent contractors.  In other words, platforms that are built on pairing customers with products and services through the use of mobile applications can continue to do so without having to reclassify their drivers as employees. The opinion holds that such workers do not qualify for the protections offered to employees under California law.   It was…

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22 Jan Immigration: Take Action Now on H-1B Applications – Changes on the Horizon

Authored by Mercedes Badia-Tavas, and Jeff Papa.   President Donald Trump’s executive order in April 2017 entitled “Buy American and Hire American” (BAHA) is leading to proposed regulatory changes by the Department of Homeland Security (DHS), which will affect U.S. employers intending to hire and sponsor qualified foreign nationals in specialty occupations for the H-1B visa.   Given these expected changes may occur with little advance notice, planning by human resource and legal departments at U.S. companies is key to maintaining lawful global talent in the U.S….

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