Legal Articles: Ogletree, Deakins, Nash, Smoak & Stewart, P.C.

 







Document(s) published by this organization: 402


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HTMLJob Applicant Was Rejected Due to Dishonesty, Not Prior Lawsuit, Says Sixth Circuit
W. Chris Harrison; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
May 10, 2016, previously published on April 18, 2016
On April 8, 2016, the Sixth Circuit Court of Appeals affirmed a judgment in favor of an employer in Hance v. BNSF Railway Company, a failure-to-hire retaliation case brought under the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA).

 

HTMLA Closer Look at Austin’s “Ban the Box” Ordinance
Emily K. O'Brian, Daniel A. Verrett, Jennifer Peck Woodruff; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
May 10, 2016, previously published on April 20, 2016
On March 24, 2016, the Austin City Council passed a “ban-the-box” ordinance, the Fair Chance Hiring Ordinance, which took effect on April 4, 2016. The final version of the ordinance was released on April 12, 2016. It prohibits covered employers from inquiring about an individual’s...

 

HTMLArbitration Plan Contained in Employee Handbook Enforceable? Not Without Savings Clause, Fifth Circuit Says
Juan B. Hernandez; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
May 10, 2016, previously published on April 19, 2016
In Nelson v. Watch House International, L.L.C., (No. 15-10531), the Fifth Circuit Court of Appeals reversed a district court decision dismissing an employee’s lawsuit against his employer and compelling arbitration. The Fifth Circuit held that the employer’s arbitration agreement,...

 

HTMLDOL Suspends Filing of Certain Parts of Required Form LM-21 Reports
Harold P. Coxson; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
May 10, 2016, previously published on April 15, 2016
On April 13, 2016, the Office of Labor-Management Standards (OLMS) at the U.S. Department of Labor (DOL) issued a Form LM-21 Special Enforcement Policy announcement. Effective immediately, the policy is suspending the enforcement of the Labor-Management Reporting and Disclosure Act of 1959 (LMRDA)...

 

HTMLWhat’s Next at the NLRB? Ask the General Counsel!
Harold P. Coxson; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
May 10, 2016, previously published on April 21, 2016
On March 22, 2016, National Labor Relations Board (NLRB) General Counsel Richard Griffin released Memorandum GC 16-01, entitled "Mandatory Submissions to the Division of Advice." The memorandum instructs the Board's regional attorneys to submit certain high profile cases to the general...

 

HTMLThe New California Regulations Part IV: Support Animals in the Workplace
Andrea L. Fellion, Patti C. Perez; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
May 10, 2016, previously published on April 21, 2016
The California Office of Administrative Law recently approved regulations drafted by the California Fair Employment and Housing Council. These new regulations, covering the entire gamut of employment law topics within the Fair Employment and Housing Act (FEHA), went into effect on April 1, 2016.

 

HTMLRecord Number of H-1B Professional Work Visa Requests
Jamey E. Petri; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
May 3, 2016, previously published on April 13, 2016
On April 12, 2016, U.S. Citizenship and Immigration Services (USCIS) released the H-1B “cap” count, indicating that it received approximately 236,000 petitions for H-1B work visas for fiscal year 2017. This means that U.S. employers filed approximately 236,000 petitions during the short...

 

HTMLLouisiana Governor Signs LGBT Discrimination Executive Order in Public Employment and Services
Greg Guidry; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
May 3, 2016, previously published on April 14, 2016
On April 13, 2016, Louisiana’s new governor, John Bel Edwards, signed an executive order protecting state employees and employees of state contractors from discrimination on the basis of race, color, religion, sex, sexual orientation, gender identity, national origin, political affiliation,...

 

HTMLCalifornia Supreme Court Takes a Stand on Employers' Obligations to Provide Seating
Hera S. Arsen; Ogletree Deakins Nash Smoak Stewart P.C.;
Legal Alert/Article
May 3, 2016, previously published on April 4, 2016
On April 4, 2016, the Supreme Court of California ruled on employers’ obligations, under certain circumstances, to provide seating for employees under Industrial Welfare Commission Wage Order No. 7-2001, which states that “[a]ll working employees shall be provided with suitable seats...

 

HTMLSecond Circuit Holds HR Professionals Can Be Liable as ‘Employers’ Under FMLA
Kelly M. Cardin, John G. Stretton; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
May 2, 2016, previously published on April 14, 2016
The Second Circuit Court of Appeals has recently held that a human resources manager could be held liable as an employer under the Family and Medical Leave Act (FMLA). In issuing its decision in Graziadio v. Culinary Institute of America, the court also articulated standards for FMLA interference...

 


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