Colton Long

Firm/Organization: Baker McKenzie

Latest Articles

The Delicate Nuances In New State Noncompete Laws

By Andrew J. Boling, William F. Dugan & Colton Long

January 3, 2020

Going into 2020, employers should be mindful of several new state laws aimed at limiting the enforceability of noncompete agreements against low-wage employees. Crucially, while protecting low-wage worker job mobility is the key aspect of these new state laws, each has its own unique nuances and one-off requirements, further complicating employer efforts to protect their legitimate business interests when key employees leave. This article summarizes these new state noncompete laws (all of which became effective…

The Employer Report

NLRB Resoundingly Nixes Argument That Misclassification Alone Violates The Law

By Emily Harbison & Colton Long

October 24, 2019

Companies can be more confident that liability under the National Labor Relations Act will not flow from the misclassification of its workforce alone, thanks to a recent NLRB decision. Baker McKenzie attorneys call this welcome news for companies, but say they still must look at workforce relationships and properly classify independent contractors. In a much anticipated decision, the National Labor Relations Board recently ruled that misclassifying employees as independent contractors does not violate the National…

The Employer Report

A Resounding “No”: NLRB Nixes Argument that Misclassification Violates NLRA

By Emily Harbison & Colton Long

September 7, 2019

In a much anticipated decision, the National Labor Relations Board (the “Board”) recently ruled in Velo Express, Inc. and Jeannie Edge that misclassifying employees as independent contractors does not violate the National Labor Relations Act (the “Act”).…

The Employer Report

Paid Family Leave In 2019: A Multinational Employer’s Guide

By Elizabeth Ebersole & Colton Long

July 30, 2019

This article was originally published on Law360.com Developed countries across the globe are increasingly adopting and augmenting paid family leave laws, seeing such laws as a “win-win” for both employers and employees. For employees, paid family leave laws allow new parents to bond with and care for their children in the stressful and crucial initial months of a child’s life. For employers, the theory goes, such leave allows employees to return to work recuperated from…

The Employer Report

NLRB Rules That Employers May Lawfully Ban Nonemployee Union Activity From Publicly-Accessible Areas

By Douglas A. Darch & Colton Long

July 23, 2019

Historically employers could not restrict labor organizing activity in employer-owned, publicly accessible spaces. But, last month, in UPMC Presbyterian Hospital, 368 N.L.R.B. No. 2 (2019), the NLRB reversed nearly 40 years of precedent holding that employers violate the National Labor Relations Act (NLRA) if they prohibit nonemployee labor organizers from publicly-accessible spaces. Post UPMC, employers may adopt and implement neutral policies regulating the use of employer-owned spaces open to the public (such as cafeterias) and…

The Employer Report

Is Illinois The New California For Employers?

By Colton Long & Goli Rahimi

July 17, 2019

California is known as one of the most progressive, pro-employee states in the country. But if the last several months are any indication, Illinois is quickly catching up. Here’s a quick overview of what’s happening in the prairie state: Illinois Wage Payment and Collection Act What’s New? As of January 1, 2019, employers must reimburse employees for all “necessary” expenses. So what’s a necessary expense? Anything required of the employee in the discharge of his/her…

The Employer Report

Diversity & Inclusion And Illinois Legislative Legal Update | June 21, 2019 | Deerfied, Illinois

By Miriam Petrillo & Colton Long

May 28, 2019

Please join us for a complimentary breakfast briefing in Deerfield, IL starting at 7:30 am, Friday, June 21. The program, approved for D&I CLE, will explore why it is critical for employers to promote a diverse and inclusive workplace and the potential legal ramifications of failing to do so. We will also hear from a representative from the Illinois Chamber on recent legislative changes that impact Illinois employers. Click here to view the full invitation…

The Employer Report

EEOC FY 2018 Enforcement & Litigation Data Reveal Trends In Employment Litigation

By Michael E. Brewer & Colton Long

May 8, 2019

On April 10, the EEOC released its charge filing statistics for Fiscal Year 2018, which ran from October 1, 2017 to September 30, 2018. These annually disclosed statistics reveal continued trends in the employment litigation space and provide an opportunity for employers to ensure their policies and practices address issues arising in the ever-changing modern workplace.…

Colton Long

The Delicate Nuances In New State Noncompete Laws

NLRB Resoundingly Nixes Argument That Misclassification Alone Violates The Law

A Resounding “No”: NLRB Nixes Argument that Misclassification Violates NLRA

Paid Family Leave In 2019: A Multinational Employer’s Guide

NLRB Rules That Employers May Lawfully Ban Nonemployee Union Activity From Publicly-Accessible Areas

Is Illinois The New California For Employers?

Diversity & Inclusion And Illinois Legislative Legal Update | June 21, 2019 | Deerfied, Illinois

EEOC FY 2018 Enforcement & Litigation Data Reveal Trends In Employment Litigation

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