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

 







Document(s) published by this organization: 360


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HTMLCalifornia Supreme Court Lets Arbitration Award Stand, Dodges “Honest Belief” Defense
Ameneh K. Ernst; Ogletree Deakins Nash Smoak Stewart P.C.;
Legal Alert/Article
February 23, 2015, previously published on January 30, 2015
Richey v. Autonation, Inc., No. S207536 (January 29, 2015): On January 29, 2015, the California Supreme Court issued a decision holding that an employee who is on medical leave does not have a greater right to reinstatement or to other benefits and conditions of employment than if he or she had...

 

HTMLDOL Clarifies When an Employer’s LCA Wage Obligations Cease to Terminated Workers Who Obtain Subsequent Approved H-1B Employment
Andrew Drozdowski; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
February 23, 2015, previously published on January 30, 2015
On December 22, 2014, the U.S. Department of Labor’s (DOL) Administrative Review Board (ARB) issued an important Final Order and Decision clarifying precisely when an H-1B employer’s Labor Condition Application (LCA) back pay obligations to a laid-off employee cease under the...

 

HTMLEmployer May Obtain Judicial Review of California Unemployment Insurance Appeals Board Decision
Jennifer L. Santa Maria; Ogletree Deakins Nash Smoak Stewart P.C.;
Legal Alert/Article
February 23, 2015, previously published on January 30, 2015
West Hollywood Community Health and Fitness Center v. California Unemployment Insurance Appeals Board, No. B248641 (December 5, 2014): A California Court of Appeal recently reversed a trial court’s dismissal of a writ of mandate. The court found that an employer may obtain judicial review of...

 

HTMLMissouri Court of Appeals Further Restricts Arbitration Agreements
Andrew L. Metcalf, R. Lance Witcher; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
February 23, 2015, previously published on January 27, 2015
The Missouri Court of Appeals rang in the New Year by issuing an opinion that continues the trend in Missouri of restricting the enforceability of arbitration clauses. In light of this decision, employers should revisit their arbitration agreements to determine whether they are still enforceable...

 

HTMLExotic Dancers’ Class Action Employment Suit Stays Alive in California
Ameneh K. Ernst; Ogletree Deakins Nash Smoak Stewart P.C.;
Legal Alert/Article
February 23, 2015, previously published on January 30, 2015
Salazar v. Victory Entertainment, Inc., No. B249888 (December 15, 2014): In a recent decision, a California Court of Appeal revived a class action lawsuit brought by a group of exotic dancers who claimed that they were misclassified as independent contractors. The three-judge panel reversed a trial...

 

HTMLThe Price is Wrong: California Court OKs a New Trial in Game Show Model’s Pregnancy Bias Case
Hera S. Arsen; Ogletree Deakins Nash Smoak Stewart P.C.;
Legal Alert/Article
February 23, 2015, previously published on January 30, 2015
Cochran v. FremantleMedia North America, Inc., No. B247541 (December 11, 2014): In a recent unpublished ruling, the California Court of Appeal affirmed a trial court’s order granting a new trial in a case brought by a game show model who was not rehired by the show after giving birth and who...

 

HTMLCalifornia School Teacher’s Claim That She Was Fired Due to a Computer Error Proceeds
Hera S. Arsen; Ogletree Deakins Nash Smoak Stewart P.C.;
Legal Alert/Article
February 23, 2015, previously published on January 30, 2015
Rommel v. Los Angeles Unified School District, No. B253405 (December 5, 2014): In a recent unpublished ruling, the California Court of Appeal reversed a trial court’s judgment in favor of a school district and against a teacher who claimed that she was fired while on disability leave as a...

 

HTMLA Late Holiday Present from Governor Cuomo: Annual New York Wage Theft Prevention Act Notices Are Not Required Beginning in 2015
Aaron Warshaw; Ogletree Deakins Nash Smoak Stewart P.C.;
Legal Alert/Article
February 9, 2015, previously published on December 31, 2014
As we covered in the June 2014 issue of the New York eAuthority, the New York legislature adopted a bill that eliminates the annual notice requirement under the New York Wage Theft Prevention Act. At that time, it was believed that the bill, which had an effective date of 60 days after the...

 

HTMLThe New York City Department of Consumer Affairs Provides Guidance Regarding the Earned Sick Time Act
A. Sonu Ray; Ogletree Deakins Nash Smoak Stewart P.C.;
Legal Alert/Article
February 9, 2015, previously published on December 31, 2014
As we reported in the June 2013 issue and March 2014 issue of the New York eAuthority, the New York City Earned Sick Time Act became effective on April 1, 2014. The Act requires businesses with five or more employees to provide 40 hours (or five days) of annual paid sick leave. The Act also...

 

HTMLCalifornia Supreme Court Rules On-Duty Guards Entitled to Pay for On-Call and Sleep Time
Carolyn E. Sieve; Ogletree Deakins Nash Smoak Stewart P.C.;
Legal Alert/Article
February 9, 2015, previously published on January 9, 2015
On January 8, 2015, the California Supreme Court issued a decision holding that the on-call hours for security guards who work 24-hour shifts constituted compensable hours worked. Further, the court ruled that the guards’ employer could not exclude “sleep time” from the...

 


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