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

 







Document(s) published by this organization: 417


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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...

 

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...

 

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...

 

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...

 

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...

 

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 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...

 

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...

 

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...

 

HTMLEEOC Issues Updated Strategic Enforcement Plan: What Should Employers Do Now?
Harry J. Secaras; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
October 27, 2016, previously published on October 24, 2016
On October 17, 2016 the U.S. Equal Employment Opportunity Commission (EEOC) approved a Strategic Enforcement Plan (SEP) for Fiscal Years 2017 - 2021. This recently approved SEP updates the EEOC’s first SEP which spanned Fiscal Years 2013 - 2016. A complete version of the 2017 - 2021 SEP is...

 


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