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

 







Document(s) published by this organization: 341


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HTMLOFCCP Flexes its Muscle with Threats of Term Debarment
Gretchen W. Ewalt, Leigh M. Nason; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
February 5, 2014, previously published on January 30, 2014
The Office of Federal Contract Compliance Programs (OFCCP) recently announced a significant monetary settlement of a complaint alleging hiring discrimination by a federal contractor. In this complaint, the agency alleged that the contractor favored Asian applicants over African-American, Hispanic,...

 

HTMLOSHA Extends Silica Rule Comment Deadline to February 11
John F. Martin; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
February 5, 2014, previously published on January 24, 2014
On the afternoon of January 24, 2014, with one-and-a-half business days left to the original deadline of January 27, the Occupational Safety and Health Administration (OSHA) announced a 15-day extension of the comment period to the agency’s proposed rule on occupational exposure to respirable...

 

HTMLSupreme Court Clarifies the Scope of the “Changing Clothes” Exception to the FLSA for Union Employers
Michael D. Ray; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
February 5, 2014, previously published on January 30, 2014
On January 27, 2014, the Supreme Court of the United States issued its opinion in Sandifer v. United States Steel Corp., No. 12-417, upholding judgment for the employer under section 203(o) of the Fair Labor Standards Act (FLSA) in a donning and doffing case affecting approximately 800 unionized...

 

HTMLNew York State Passes Worker Misclassification Law for Commercial Transportation Industry
Eric Su; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
February 5, 2014, previously published on January 31, 2014
On January 10, 2014, New York Governor Andrew Cuomo signed into law the New York State Commercial Goods Transportation Industry Fair Play Act (the Act), which becomes effective on March 11, 2014. As with the Construction Industry Fair Play Act enacted in 2010 and the more recent partnership between...

 

HTMLWage Deduction From Final Paycheck Narrowly Allowed by Ninth Circuit
Ogletree Deakins Nash Smoak Stewart P.C.;
Legal Alert/Article
February 5, 2014, previously published on January 31, 2014
Ward v. Costco Wholesale Corp., No. 11-56757 (January 9, 2014): In a recent unpublished decision, the Ninth Circuit Court of Appeals upheld a trial court’s decision that Costco Wholesale did not violate the Fair Labor Standards Act (FLSA) or the California Labor Code when it deducted the...

 

HTMLSecond Circuit Emphasizes That Inconsistent Reasons for Employee Termination Can Be Sufficient to Overcome Summary Judgment
Evan B. Citron; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
February 5, 2014, previously published on January 31, 2014
Kwan v. The Andalex Group LLC, No. 12-2493 (2d Cir. Dec. 16, 2013): A recent decision by the Second Circuit not only revived a former employee’s retaliation claims but further highlighted the litigation risk when an employer’s explanation for an employee’s firing evolves over...

 

HTMLDon’t Be Bulldozed by Snow Days: What to Consider Before Docking Pay for Weather-Related Absences
Miyuki P. Oshima; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
February 5, 2014, previously published on January 31, 2014
With thanks likely to the polar vortex, states across the nation are experiencing record low temperatures this winter. The bitterly cold winter has caused employees to call off work (or show up late) and employers to voluntarily close down for a day or more. In these situations, employers are often...

 

HTMLDo I Have to Think About Environmental Compliance?
Elizabeth B. Partlow; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
February 5, 2014, previously published on January 2014
Electric utilities, pulp and paper mills, and manufacturers of all types are subject to a wide range of environmental requirements. Other businesses—like retail facilities, warehouses, and property management companies—are less comprehensively regulated, but penalties for noncompliance...

 

HTMLSupreme Court Finds Air Carrier Immune From Defamation Claim For Reporting Employee’s Outburst to TSA
W. Chris Harrison; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
February 5, 2014, previously published on January 28, 2014
On January 27, 2014, the Supreme Court of the United States reversed a nearly $1.2 million jury verdict for defamation against Air Wisconsin Airlines Corporation in a case surrounding the airline carrier’s report about a pilot to the Transportation Security Administration (TSA). The Court...

 

HTMLSupreme Court Rules “Changing Clothes” Is Not Compensable Under Plant Workers’ Union Contract
Ogletree Deakins Nash Smoak Stewart P.C.;
Legal Alert/Article
February 3, 2014, previously published on January 27, 2014
On January 27, in a very limited ruling, the Supreme Court of the United States held that an employer was not required to pay union employees for the time it takes them to put on and take off protective gear when their collective bargaining agreement did not provide for compensation for that time....

 


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