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

 







Document(s) published by this organization: 417


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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...

 

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...

 

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)...

 

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...

 

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...

 

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...

 

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...

 

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...

 

HTMLNorthern District Court of California Addresses Residential Treatment for an Eating Disorder in Krysten C. v. Blue Shield of California
Sean P. Nalty; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
October 27, 2016, previously published on October 25, 2016
Litigation under the Employee Retirement Income Security Act (ERISA) involving the payment of benefits for residential treatment can be challenging—particularly when those claims involve eating disorders. A patient may argue that if treatment is discontinued prematurely, he or she will...

 


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