By cjackson@littler.com

California Governor Jerry Brown recently signed into law Senate Bill No.

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From: California Law Extends Workplace Discrimination Prohibition to Stalking Victims and Imposes New Reasonable Accommodation Requirement

    

By tgelbman@littler.com

On December 3, 2013, in D.R. Horton, Inc. v. National Labor Relations Board, the U.S. Court of Appeals for the Fifth Circuit found that class action waiver provisions contained in mandatory, pre-dispute arbitration agreements governed by the Federal Arbitration Act (FAA) are enforceable, notwithstanding the right employees have to engage in concerted activities under the National Labor Relations Act (NLRA). On a separate but related issue, the Fifth Circuit found, however, that D.R.

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From: Class Action Waiver Is Enforceable Despite NLRA Concerted Activity Provisions

    

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