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

 







Document(s) published by this organization: 376


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HTMLThe Waiting is the Hardest Part: Final Regulations on the PPACA’s 90-Day Waiting Period Released
Eric D. Penkert; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
March 21, 2014, previously published on March 18, 2014
On February 24, 2014, the Internal Revenue Service (IRS), the Employee Benefits Security Administration (EBSA) of the U.S. Department of Labor (DOL), and the U.S. Department of Health and Human Services (HHS) jointly released final regulations implementing the 90-day waiting period limitation...

 

HTMLThree Pointers on Handling Employees’ March Madness
Hera S. Arsen; Ogletree Deakins Nash Smoak Stewart P.C.;
Legal Alert/Article
March 21, 2014, previously published on March 19, 2014
It’s that time of year. Your office supply room smells of freshly copied pages titled “NCAA Tournament Bracket.” The words “underdog,” “upset,” “first round,” and “buzzer beater” are heard from watercooler conversations. Money is...

 

HTMLOFCCP Agrees to 5-Year Enforcement Moratorium for TRICARE Providers
Dara L. DeHaven; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
March 21, 2014, previously published on March 19, 2014
In a letter to congressional leaders on March 11, 2014, Secretary of Labor Thomas E. Perez announced that the Office of Federal Contract Compliance Programs (OFCCP) will issue a directive establishing a five-year moratorium on enforcement of the affirmative action obligations required of all...

 

HTMLU.K. Law for the U.S. Employer, Part II: Discrimination, Data Privacy, and Termination Rights
Richard M. Linskell, Justin T. Tarka; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
March 21, 2014, previously published on March 20, 2014
Part one of this three-part series covered the basic principles of employment laws in the United Kingdom and the minimum benefits and rights to which employees are entitled. Part two covers a number of employers’ obligations and rights to which employees working in the United Kingdom are...

 

HTMLSupreme Court Lets Two FLSA Rulings Stand: Yes on Personal Liability and Undocumented Workers’ Standing to Sue
Hera S. Arsen; Ogletree Deakins Nash Smoak Stewart P.C.;
Legal Alert/Article
March 21, 2014, previously published on March 18, 2014
Last week, the Supreme Court of the United States decided that it would not review two wage and hour cases. The first, Catsimatidis v. Irizarry, which was resolved through a settlement agreement, considered whether an individual could be held personally liable as an “employer” for...

 

HTMLFired Employee Who Accused Coworkers of Sleeping with Boyfriend Lacks Triable Bias Claim
Rachel Reingold Mandel; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
March 21, 2014, previously published on March 20, 2014
A retail employer did not violate federal civil rights laws or the Massachusetts state anti-discrimination law when it fired an employee because she made harassing, disparaging, and inappropriate accusations against her coworkers. According to the First Circuit Court of Appeals the discharged...

 

HTMLCalifornia Expands Protections for Employee Whistleblowers
Margaret Hutchins Campbell, Jesse C. Ferrantella; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
March 21, 2014, previously published on March 18, 2014
Attention all employers with employees in California: On October 12, 2013, California Governor Jerry Brown signed into law Senate Bill (SB) 496, amending the whistleblower retaliation provisions set forth in section 1102.5 of California’s Labor Code. These amendments, which took effect on...

 

HTMLThe Lion Bite Case Sleeps in Nevada, But It’s a Whale of a Story
Stephen C. Yohay; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
March 19, 2014, previously published on March 14, 2014
The tragic death of an orca (commonly called killer whales) trainer at SeaWorld of Florida in 2010 has stimulated much debate on whether direct contact between wild animals and humans should be permitted in entertainment contexts, and whether the Occupational Safety and Health Administration (OSHA)...

 

HTMLHow to Protect Your Summary Judgment Win: Employer’s Victory Reversed in Age Bias Case
Hera S. Arsen, J.D., Ph.D., Leslie E. Wallis; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
March 17, 2014, previously published on March 12, 2014
Motions for summary judgment are among the most important—and efficient—devices for defeating a discrimination suit brought by an employee against an employer. If successful, these motions serve to narrow issues to be litigated, avoid costly trials, and encourage opposing parties to...

 

HTMLIs An Employee Who Is Six Days out of Rehab “Disabled” Under the TCHRA?
Robert E. Bettac; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
March 17, 2014, previously published on March 11, 2014
The Texas Commission on Human Rights Act (TCHRA) provides that a “current condition of addiction” to alcohol, drugs, or controlled substances is not a covered “disability.” In Melendez v. Houston Independent School District (December 5, 2013), the Texas 14th District Court...

 


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