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

 







Document(s) published by this organization: 411


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HTMLMinnesota Supreme Court Creates Two Statutes of Limitation for the Same Whistleblower Statute
Stephanie Jenaye Willing; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
March 7, 2016, previously published on March 1, 2016
On January 20, 2016, the Minnesota Supreme Court decided Ford v. Minneapolis Public Schools, setting a six-year statute of limitations for certain employee whistleblower claims. The court held that the statute of limitations for a retaliation claim by an employee based on that employee’s...

 

HTMLERISA Preemption Made Easy? Supreme Court Sends Vermont All-Payer Database Back to the Drawing Board
Hera S. Arsen, Timothy G. Verrall; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
March 7, 2016, previously published on March 1, 2016
On the first day of decisions since the unexpected passing of Justice Scalia, the Supreme Court of the United States ventured into the thorny area of preemption under the Employee Retirement Income Security Act (ERISA) and managed to articulate a reasonably clear standard for evaluating preemption...

 

HTMLWhat to Expect from OSHA in 2016: Michaels Discusses Hazard Alerts, Silica Rule, Reporting, and Other Priorities
John F. Martin; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
March 7, 2016, previously published on February 29, 2016
On February 11, 2016, Dr. David Michaels, Assistant Secretary of Labor for Occupational Safety and Health and the head of the Occupational Safety & Health Administration (OSHA), spoke to 170 members of the oil and gas well servicing industry at the Association of Energy Service Companies’...

 

HTMLLibya, Somalia, and Yemen Added to the Visa Waiver Program Travel Restrictions List
Miguel A. Manna; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
March 7, 2016, previously published on March 1, 2016
Last month, the U.S. Department of Homeland Security (DHS) began implementation of the Visa Waiver Program Improvement and Terrorist Travel Prevention Act of 2015. In addition to making several important changes to the Visa Waiver Program (VWP), the act prohibits anyone who has traveled to Iraq,...

 

HTMLProposed “Exit Premium” on Withdrawing From Underfunded Multiemployer Defined Benefit Plans Would Penalize Employers That Played by the Rules
Grace Huang Ristuccia, Thomas Vasiljevich; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
March 3, 2016, previously published on February 18, 2016
Employers withdrawing from an underfunded multiemployer defined benefit pension plan may soon face not only an assessment of withdrawal liability, but also an additional payment called an “exit premium.” The Obama administration’s fiscal year 2017 budget, released on February 9,...

 

HTMLSouth Africa’s Labour Court Rules Garden Leave and Noncompetition Clauses Enforceable
Ryan J. Correia, Diana J. Nehro; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
March 3, 2016, previously published on February 24, 2016
On February 9, 2016, in a victory for South African employers, South Africa’s Labour Court in Johannesburg addressed for the first time the applicability of garden leave in assessing the reasonableness of a post-termination noncompetition covenant (called a “restraint of trade...

 

HTMLNew Position Statement Procedures in Effect at the EEOC
Evan J. Shenkman; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
March 3, 2016, previously published on February 25, 2016
On February 18, 2016, the U.S. Equal Employment Opportunity Commission (EEOC) announced a new nationwide procedure providing for the release of respondent position statements and nonconfidential attachments to charging parties. Previously, this procedure was the norm in some, but not all, EEOC...

 

HTMLNCAA Sacks Sackos Suit: Why NCAA Student-Athletes Are Not Employees Under the FLSA
Lisa Karen Atkins, John Richard Carrigan; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
March 3, 2016, previously published on February 22, 2016
An Indiana federal court has dismissed Berger v. NCAA et al, a suit brought under the Fair Labor Standards Act by former student-athletes from the University of Pennsylvania (Penn). More commonly known as Sackos, the case was filed against the National Collegiate Athletic Association (NCAA) and...

 

HTMLFederal Contractors and Paid Sick Leave: The DOL Issues an NPRM
Dara L. DeHaven, James J. Murphy, Alfred B. Robinson; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
March 3, 2016, previously published on February 24, 2016
The U.S. Department of Labor (DOL) has released its Notice of Proposed Rulemaking (NPRM) to implement Executive Order 13706, Establishing Paid Sick Leave for Federal Contractors. The NPRM (currently 286 pages in length) will be published in the Federal Register on Thursday, February 25, 2016, and...

 

HTMLNew Year, New Commuter Benefits for New Yorkers: FAQs on the New Law
Hera S. Arsen, Vicki M. Nielsen; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
March 3, 2016, previously published on February 23, 2016
On January 1, 2016, New York City’s Mass Transit Benefits Law, Local Law 53, went into effect, requiring employers with 20 or more full-time employees working in New York City to offer commuter benefits to those full-time employees. Specifically, the law requires employers to offer full-time...

 


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