James P. Baker

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Originally published in Benefits Law Journal. Champagne and a steak dinner have traditionally marked celebrations at the close of a corporate deal. Celebrations these days are being marred by a party pooper—Employee Retirement Income Security Act (ERISA) pension plan successor liability. Increasingly, courts are delivering a “pay up now” notice to the buyer of financially challenged companies with underfunded pension plans through the use of innovative judicial remedies. On September 4, 2018, the Sixth Circuit…
Not yet!  At most, it is no longer valid in the Northern District of Texas. On December 14, 2018, a federal District Judge in Fort Worth, Texas, ruled that the Affordable Care Act’s (ACA or Obamacare) “Individual Mandate,” requiring individual taxpayers to either purchase health plan coverage containing minimum essential benefits or pay a penalty tax, was unconstitutional and invalid. On December 30, 2018, Judge Reed O’Connor issued a stay “because many everyday Americans would otherwise…
Originally posted in the Daily Journal. The California Supreme Court recently made a sweeping change to California’s gig economy. In Dynamex Operations West, Inc. v. Superior Court, the Supreme Court ruled that in deciding whether a worker is an employee or an independent contractor, the employer must begin by presuming that the worker is an employee or an independent contractor, the employer must begin by presuming that the worker is a common law employee. Although…