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

 







Document(s) published by this organization: 398


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HTMLA Call-to-Action: Obama Administration Encourages States to Ban Noncompetes for Low-Wage Workers and Certain Other Employees
Hera S. Arsen, Ph.D., John C. Glancy; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
November 9, 2016, previously published on October 26, 2016
On October 25, 2016, the Obama administration released a fact sheet announcing the steps that the White House is taking to “enhance competition to benefit consumers, workers, and entrepreneurs.” The administration’s actions come in response to President Obama’s April 15...

 

HTML“Onionhead” is a Religion Under Title VII: Court Finds in Favor of Employees in Reverse Religious Bias Case
Margaret Carroll Alli, Lisa Kaplan; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
November 9, 2016, previously published on November 2, 2016
A federal district court recently ruled that an employer-initiated program known as Onionhead was a religion for the purposes of Title VII of the Civil Rights Act of 1964. In Equal Employment Opportunity Commission v. United Health Programs, No. 14-CV-3673 (September 30, 2016), the U.S. District...

 

HTMLA Reminder on Voting Rules for Non-U.S. Citizens
Ann Louise Brown, Leigh N. Ganchan; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
November 9, 2016, previously published on November 1, 2016
As the 2016 presidential election approaches, election reminders abound encouraging everyone to get out and vote on November 8th. Largely focused on the importance of participation, these messages do not typically distinguish between U.S. citizens, lawful permanent residents (LPR), and individuals...

 

HTMLConflict-Avoidance and Conflict-Resolution Mistakes that Ruin Workplace Culture, Part II: Creating a Perception of Unfairness
Patricia Chavarria Perez; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
November 9, 2016, previously published on October 31, 2016
In part one of this three-part series, we discussed a trap companies often fall into when it comes to avoiding and resolving conflict: failing to anticipate and plan for high-risk situations. Part two covers situations that may give rise to the perception of unfairness in the workplace, which is...

 

HTMLThe New Antitrust Guidance: DOJ and FTC Offers Direction to HR Professionals
Hera S. Arsen, Martin C. Brook; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
November 9, 2016, previously published on October 27, 2016
On October 20, 2016, the Department of Justice (DOJ) Antitrust Division and Federal Trade Commission issued a guidance aimed at alerting human resources professionals on potential violations of the antitrust laws. According to a DOJ statement, the guidance is intended to “help educate and...

 

HTMLThis Is Going on Your Permanent Record: Contract Principles Applied to Student Handbook in Plagiarism Case
Lisa Kaplan; Ogletree Deakins Nash Smoak Stewart P.C.;
Legal Alert/Article
November 9, 2016, previously published on November 3, 2016
On October 24, 2016, the First Circuit Court of Appeals upheld a summary judgment decision in favor of a university in a case brought by a student who was disciplined for violating Harvard Law School’s plagiarism policy. In Walker v. President and Fellows of Harvard College, No. 15-1154 (1st...

 

HTMLConflict-Avoidance and Conflict-Resolution Mistakes that Ruin Workplace Culture, Part III: Failing to Address Workplace Conflicts
Patricia Chavarria Perez; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
November 9, 2016, previously published on November 2, 2016
In part one and part two of this three-part series, we discussed two of the most common traps employers fall into when it comes to avoiding and resolving workplace conflict: failing to anticipate and plan for high-risk situations and creating situations that may give rise to the perception of...

 

HTMLThe Eighth Circuit & the ADA, Part II: Must a Request for Accommodation be Explicit?
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 November 1, 2016
In contrast to Parker v. Crete Carrier Corporation, et al, in Kowitz v. Trinity Health, et al, No. 15-1584 (October 17, 2016), a split panel of the Eighth Circuit Court of Appeals reversed summary judgment for an employer on an Americans with Disabilities Act (ADA) claim, finding a factual dispute...

 

HTMLConflict-Avoidance and Conflict-Resolution Mistakes that Ruin Workplace Culture, Part I: Failing to Recognize and Confront High-Risk Situations
Patricia Chavarria Perez; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
November 9, 2016, previously published on October 27, 2016
I dedicate a fair portion of my professional life to resolving workplace conflict. While I enjoy helping companies once a crisis has occurred, my preference is to help companies avoid crises in the first place. Whether your role is in risk assessment and/or management, legal services, human...

 

HTMLOSHA Proposes to Apply Its Lockout Standard to Expected Startups
Arthur G. Sapper; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
October 27, 2016, previously published on October 20, 2016
The Occupational Safety and Health Administration’s (OSHA) Lockout Standard (29 C.F.R. 1910.147) applies today only to “unexpected” startups of machinery. For example, the standard does not apply if alarms give employees such clearly audible and timely warning that any startup...

 


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