Article(s) published by this organization: 148
 | Pandemic Planning - Are You Prepared for This Year's Flu Season?
Ogletree, Deakins, Nash, Smoak & Stewart, P.C.; October 30, 2009, previously published on October 29, 2009 The H1N1 virus, commonly known as the swine flu, has grabbed headlines and worried millions. The federal government has taken an active role in helping to educate the public regarding prevention and containment of the flu. Most employers have felt the impact of H1N1, and even more are wondering the... |
| U.S. Supreme Court Set to Begin New Term Justices to Review Arbitration and Disparate Impact Bias Cases
Ogletree, Deakins, Nash, Smoak & Stewart, P.C.; November 2, 2009, previously published on October 29, 2009 In early October, the U.S. Supreme Court began hearing oral arguments in the 2009-2010 term. There are currently seven cases on the docket that involve employment and labor related issues or are likely to impact these areas. One of the most notable of these will decide how much time plaintiffs have... |
| Are Your Tipped Employees Doing Tipped Work?
Ogletree, Deakins, Nash, Smoak & Stewart, P.C.; November 2, 2009, previously published on October 29, 2009 The wage and hour laws are outdated and compliance is exceedingly difficult in light of the way in which most hotels and restaurants are required to operate. But, you already knew these facts. Recent tip credit and tip pooling cases continue to highlight the problems and we will be addressing... |
| Where Are Your I-9's? Can't Seem to Find Them? Tell it to the Judge
Ogletree, Deakins, Nash, Smoak & Stewart, P.C.; November 2, 2009, previously published on October 29, 2009 U.S. Immigration and Customs Enforcement (ICE) launched a nationwide I-9 audit initiative on July 1, 2009, issuing Notices of Inspection (NOIs) to 652 employers (see the ICE press release). This action confirms the new method of enforcement promised by representatives of the Obama Administration. |
| Who Needs EFCA? - Expect Big Labor Law "Reforms" From the NLRB
Harold P. Coxson; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.; October 30, 2009, previously published on October 29, 2009 For the past several years, the business community's attention has been focused almost exclusively on federal legislation inaccurately named the "Employee Free Choice Act" (EFCA). That legislation would radically overhaul labor-management relations by substituting "card check"... |
| 5th Circuit - Worker Fired For Violating Computer Policy Gets No Sympathy
Ogletree, Deakins, Nash, Smoak & Stewart, P.C.; November 2, 2009, previously published on October 29, 2009 A federal appellate court recently rejected a lawsuit brought by a worker who was fired after his employer discovered that his password was used to access pornographic websites from a shared workplace computer. Finding that the trial judge correctly determined that the worker had failed to... |
| 9th Circuit - Termination of Teacher after Her Complaints on Behalf of Disabled Students Can Support may Constitute ADA Retaliation
Maria Greco Danaher; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.; November 2, 2009, previously published on October 29, 2009 The 9th U.S. Circuit Court of Appeals has held that a teacher's statements on behalf of disabled students were "protected activity" under the ADA, and that the teacher had standing to sue for retaliation under the ADA and Section 504 of the Rehabilitation Act. Barker v. Riverside County... |
| No-Match Rule Officially Rescinded (But Now What?) Ogletree, Deakins, Nash, Smoak & Stewart, P.C.; October 29, 2009, previously published on October 26, 2007 The Department of Homeland Security (DHS) followed through on its July announcement... and officially rescinded the Social Security "No-Match" regulation on October 7. In summary, the proposed No-Match rule prescribed a specific follow-up protocol in the 90-day period following receipt of... |
| E-Verify Updates - Federal Contractor Regulation, Nebraska Law Ogletree, Deakins, Nash, Smoak & Stewart, P.C.; October 29, 2009, previously published on October 26, 2009 The Department of Homeland Security (DHS) has clearly thrown its support behind the continued expansion of the E-Verify web-based employment authorization system. Although the statute creating E-Verify makes clear that the system is voluntary, several states have passed laws requiring certain... |
| Enforcement Update - H-1B Site Visits Ogletree, Deakins, Nash, Smoak & Stewart, P.C.; October 29, 2009, previously published on October 26, 2009 Employers of H-1B workers must remain ready for possible site visits from the United States Citizenship and Immigration Services' (USCIS) Office of Fraud Detection and National Security (FDNS). As reported in the August 2009 issue of the Immigration eAuthority, FDNS commenced site visits of... |
