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

 







Document(s) published by this organization: 398


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HTMLNinth Circuit Creates Bright-Line Rule, Finds Those Who Cannot Sit for More Than Four Hours Cannot Perform Sedentary Jobs
Sean P. Nalty; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
November 17, 2016, previously published on November 08, 2016
When applying de novo review to a claim for disability benefits under a group disability policy governed by the Employee Retirement Income Security Act of 1974 (ERISA), district courts must consider all the evidence and determine if a preponderance of that evidence establishes entitlement to...

 

HTMLYou Said It, Now We’re Going to Hold You to It! Hospitals Estopped from Asserting Disqualification Argument
C. Thomas Davis, Kang He; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
November 14, 2016, previously published on November 4, 2016
In theory, it is not an unfair labor practice to refuse to negotiate with a union engaged in competition with the employer—unless, of course, the employer gave the union other reasons for refusing to negotiate.

 

HTMLNevada’s Trio of Cases: State Supreme Court Resolves Questions on the Minimum Wage Amendment
Erica J. Chee, Dana B. Krulewitz; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
November 14, 2016, previously published on November 4, 2016
On October 27, 2016, the Supreme Court of Nevada issued decisions in a trio of cases resolving important questions about Nevada¿s Minimum Wage Amendment.

 

HTMLThe Eighth Circuit & the ADA, Part I: Court Tips the Scale in Employer’s Favor in Suit Challenging Sleep Test for Overweight Workers
Andrew P. Burnside, Sarah Smith Kuehnel, Erin E. Williams; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
November 9, 2016, previously published on October 31, 2016
In Parker v. Crete Carrier Corporation, et al, No. 16-1371 (October 12, 2016), the Eighth Circuit Court of Appeals held that a trucking company complied with the Americans with Disabilities Act (ADA) in requiring its drivers with body mass indexes (BMI) of 35 or above to undergo in-lab sleep...

 

HTMLDOL Launches Worker.gov Beta: What to Expect From the New Employee Resource
Hera S. Arsen, Ph.D.; Ogletree Deakins Nash Smoak Stewart P.C.;
Legal Alert/Article
November 9, 2016, previously published on October 28, 2016
On October 28, 2016, the U.S. Department of Labor (DOL) announced on its blog that it has launched the beta version of a new website, worker.gov, intended to help workers find quick solutions to their workplace problems. At the same time, the DOL announced that it is inviting users to provide...

 

HTMLSixth Circuit Holds Employees’ Continuing Work Constitutes Assent to Mandatory Arbitration Agreement
Michael O. Eckard, KyraAnne Gates; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
November 9, 2016, previously published on October 27, 2016
The Sixth Circuit Court of Appeals, in an unpublished decision, recently held that under Kentucky law, merely continuing to work for an employer constitutes assent to an arbitration agreement when that agreement is a condition of employment—even if the employee has not signed an...

 

HTMLWhat the DOJ/FTC’s Recent “Antitrust Guidance for Human Resource Professionals” Means for Employers
Maria Greco Danaher; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
November 9, 2016, previously published on November 1, 2016
On October 20, 2016, the U.S. Department of Justice (DOJ) and the Federal Trade Commission (FTC) jointly issued a publication entitled “Antitrust Guidance for Human Resource Professionals” which, according to the opening paragraphs, is “intended to alert human resource (HR)...

 

HTMLNew U.S. Electronic Visa Update System (EVUS) Required for Certain Chinese Nationals Beginning November 29, 2016
Leigh N. Ganchan, Rebecca L. Sigmund; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
November 9, 2016, previously published on November 3, 2016
On October 20, 2016, the Department of Homeland Security issued a final rule requiring travelers holding People’s Republic of China (PRC) passports with B-1, B-2, or 10-year B-1/B-2 visas to enroll in the Electronic Visa Update System (EVUS) before being admitted into the United States. The...

 

HTMLConstruction One-Minute Read: Litigation Challenges With Collecting Attorneys’ Fees
Jonathan Mraunac, Randolph E. Ruff; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
November 9, 2016, previously published on October 31, 2016
It is common knowledge among construction litigators that in order for a contractor to recover attorneys’ fees from a subcontractor, the subcontract must specifically state that attorneys’ fees are recoverable. However, in litigation, the arguments impeding a contractor’s recovery...

 

HTMLContractor Blacklisting Update: Procurement Officials Stand Down for Now
Jenna N. Mennona, James J. Murphy; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
November 9, 2016, previously published on November 3, 2016
On October 24, 2016, the U.S. District Court for the Eastern District of Texas entered a nationwide injunction preliminarily enjoining the Obama administration from implementing final rules to effectuate Executive Order 13673, Fair Pay and Safe Workplaces. The federal court’s decision came in...

 


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