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By tgelbman@littler.com

On November 20, 2013, Fred Tilton, the Federal Aviation Administration’s (FAA) Federal Air Surgeon, announced a New Obstructive Sleep Apnea Policy1 (Policy) the FAA will be “releasing shortly.”2 Under the Policy, aviation medical examiners (AMEs) must calculate the Body Mass Index (BMI) – a method for identifying obesity – for every pilot. Pilots with a BMI of 403 or more will have to be evaluated by a physician who is a board-certified sleep specialist, and, if diagnosed with obstructive sleep apnea, treated before t

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From: Mandatory Pilot Obesity/Sleep Apnea Screening: New FAA Policy Thumbs Its Nose at New Federal Commercial Driver Transportation Law

    

On Oct. 15, 2013, California’s Fourth Appellate District held that claims for breach of contract, breach of fiduciary duty, unfair competition, interference with business relations and conversion are not pre-empted by California�s Uniform Trade Secrets Act (UTSA).
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From: Calif.: Appellate Court Clarifies Scope of UTSA Pre-emption

    

By tgelbman@littler.com

A recently released Equal Employment Opportunity Commission (EEOC) information letter (EEOC Letter),1 along with the new final wellness regulations under the Patient Protection and Affordable Care Act (ACA), present new challenges for employer-provided wellness programs.

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From: Double Whammy, Part II: EEOC Stance and ACA Final Regulations Impose New Burdens on Wellness Programs

    

By tgelbman@littler.com

The district court’s opinion denying cross-motions for summary judgment in Bobbitt v. Broadband Interactive, Inc., No. 8:11-cv-2855 (M.D. Fla. Oct. 21, 2013) illustrates how not to structure an independent contractor relationship and how not to lay the groundwork to defend that relationship in the event of litigation. The case also serves as a warning that even well-conceived independent contractor relationships may be open to question by a court that is inclined to distrust them.

Background

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From: New Case Provides Lessons That May Help Companies Avoid Pitfalls When Structuring Independent Contractor Relationships

    

By cjackson@littler.com

On July 2, 2013, in a surprise move, the Department of the Treasury announced that it is delaying the Affordable Care Act (ACA) employer pay-or-play mandate and accompanying employer reporting requirements by one year. Accordingly, employers will not be subject to penalties for failing to offer full-time employees healthcare coverage that meets certain standards until 2015.

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From: Employer Mandate Delay: Beware of Ignoring the ACA

    

By tgelbman@littler.com

On November 4, 2013, the U.S. District Court for the Northern District of California denied a motion filed by a company to dismiss a lawsuit brought by a former Libya-based employee. This decision ended the company’s unsuccessful attempts to remove to the Libyan judicial system a complaint filed in U.S. federal courts. The ruling, and a companion decision issued two months earlier, serves as a reminder of the need to include well-crafted forum selection clauses in employment agreements, particularly in the international context.

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From: New Case Demonstrates the Importance of Forum Selection Clauses