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 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

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

    

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

    

A health care reimbursement program that is a state secret won’t cut it under San Francisco’s universal health care program�the Health Care Security Ordinance, according to an Oct. 16, 2013, order affirming an administrative law judge’s award of $1.3 million to janitorial employees.
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From: Janitorial Firm Must Cough Up $1.3M for Ignoring Ordinance

    

An employee who told his employer that he would need time off because he intended to donate a kidney to his sister and was fired two days before California’s new Donor Protection Act became effective could pursue a claim for associational disability discrimination under the California Fair Employment and Housing Act, the California Court of Appeal ruled.
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From: Calif.: Organ Donor’s Association-Disability Discrimination Claim Can Proceed

    

The Federal Arbitration Act (FAA) pre-empts California law prohibiting the waiver of an administrative hearing before the California Labor Commissioner in an employment arbitration agreement, the California Supreme Court ruled in a 5-2 decision.
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Via: SHRM.org California News

    

Compiled by Benjamin Kennedy, Attorney at Law and Northstate SHRM Board Member.

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Download the July 2011 Northstate SHRM Legislative Update (PDF)

For more legislative information or questions regarding this update, please email us at northstateshrm@yahoo.com or contact For more legislative information or questions regarding this update, please email us at northstateshrm@yahoo.com or contact Ben Kennedy (see Board information).