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The Bubbler – May 2018

Welcome back for this month’s edition of the Bubbler!  There’s plenty to talk about, so let’s jump right in.

The California Supreme Court issued an important decision this week addressing the test for whether a worker is an independent contractor or an employee.  The U.S. Supreme Court declined to review a Seventh Circuit decision upholding an employer’s rule that a months-long leave of absence was not a reasonable accommodation. The Ninth Circuit held that employers are prohibited from using an employee’s past salary as a legitimate “factor other than sex” for purposes of defeating a Fair Pay Act claim, emphasizing that allowing the inclusion of prior salaries would only perpetuate gender pay disparity. The Fifth Circuit downsized ERISA fiduciary standards in a ruling that invalidated a set of seven expansive fiduciary rules. The Northern District of Illinois issued an unusual ruling, holding that two plaintiffs’ claims were subject to an enforceable arbitration agreement, yet refused to compel arbitration. The DOJ challenged a set of competitors’ no-poaching agreements as per se violations of the Sherman Act, which regulates concerted anti-competitive action. Finally, in the wake of the #MeToo movement, New York (state and city) have implemented new regulations concerning workplace sexual harassment.

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About this Author

Paul Huston, Mintz Levin, attorney
Attorney

Paul Huston is an attorney in the firm’s employment labor and benefits practice group. His practice focuses on labor and employment litigation and general commercial litigation. Paul has a wide range of experience handling both single plaintiff and class action lawsuits, covering issues from wrongful termination, sexual harassment, and disability discrimination, to wage and hour class actions involving thousands of class members. Paul also has significant experience in contract formation and defense, including independent contractor agreements, arbitration agreements,...

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