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

 







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HTMLThe Proposed Overtime Regulations: What They Say, What They Mean, and What To Do Now
Maria Greco Danaher; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
July 14, 2015, previously published on July 7, 2015
The U.S. Department of Labor (DOL) issued its long-awaited proposed rule that would change the federal regulations of the Fair Labor Standards Act’s (FLSA) overtime provisions in a June 30, 2015 Notice of Proposed Rulemaking (NPRM), and the firestorm of praise and criticism has begun.

 

HTMLConnecticut Court Rules Urine Drug Testing Restrictions Do Not Apply to Hair Drug Testing
Michael Clarkson; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
July 14, 2015, previously published on July 6, 2015
On May 22, 2015, in an unpublished decision, Judge Andrew W. Roraback of the Connecticut Superior Court (Waterbury Judicial District) found that Connecticut’s statutory restrictions on urine-based drug testing did not apply to hair follicle-based drug testing. In the case, the plaintiff,...

 

HTMLA New Internship Standard-The Second Circuit’s Seven-Factor Test and What it Means for Your Company
Brian Jeffrey Gershengorn, Seth D. Kaufman; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
July 14, 2015, previously published on July 13, 2015
On July 2, 2015, the Second Circuit Court of Appeals issued a decision regarding the employment status of unpaid interns that should prove helpful to employers. In Glatt v. Fox Searchlight Pictures, Inc., Nos. 13-4478 and 13-4481, the Second Circuit overturned a decision by the U.S. District Court...

 

HTMLDOL’s Part 541 Proposal: Next Steps
Alfred B. Robinson; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
July 13, 2015, previously published on July 8, 2015
Now that the Obama Administration and U.S. Department of Labor (DOL or Department) have released its proposal to revise the Part 541 overtime regulations, it is important to understand what may be next and when we can expect developments with this regulatory proposal.

 

HTMLIndiana Wage Law Amendments Become Effective on July 1, 2015
Bonnie L. Martin, Steven F. Pockrass; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
July 10, 2015, previously published on June 30, 2015
Two significant changes to Indiana’s wage laws will become effective on Wednesday, July 1, 2015. First, liquidated damages will no longer be mandatory when an employer violates Indiana’s Wage Payment or Wage Claims statutes. Instead, a court must find that the employer was not acting in...

 

HTMLThe People Have Spoken, and It’s Time to Start Smokin’. . . Or Just Say No
Sean M. Driscoll; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
July 7, 2015, previously published on July 1, 2015
It’s July 1, 2015, and Oregon law now allows adults to lawfully use marijuana for both medical and recreational purposes. Many employers have already faced questions from employees about the impact of the state’s new marijuana law, and many more will face such questions in the coming...

 

HTMLThe Proposed Overtime Regulations: Are Your White Collar Employees Still Exempt?
Hera S. Arsen, Steven F. Pockrass, Alfred B. Robinson; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
July 7, 2015, previously published on June 30, 2015
On June 30, 2015, the U.S. Department of Labor (DOL) announced its long-awaited proposed rule that would revise the regulations concerning the white collar exemption contained in section 13(a)(1) of the Fair Labor Standards Act (FLSA). According to the announcement, the proposed rule would...

 

HTMLYour Rx for Complying with California’s Newly Effective Paid Sick Leave Law
Hera S. Arsen; Ogletree Deakins Nash Smoak Stewart P.C.;
Legal Alert/Article
July 7, 2015, previously published on July 1, 2015
The Healthy Workplaces, Healthy Families Act of 2014, which Governor Jerry Brown signed on September 10, 2014, goes into effect today, July 1, 2015. The Act requires California employers to provide employees with one hour of paid sick leave for every 30 hours worked. Below is a round-up of some...

 

HTMLThe Increased Cost of Tax (Non) Compliance and the New Trade Preferences Extension Act
Preston R. Burch; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
July 7, 2015, previously published on July 2, 2015
On June 29, 2015, President Obama signed into law the Trade Preferences Extension Act of 2015. Neatly tucked away in the “Offsets” provision of the Act are sizeable increases in the dollar amounts of the penalties under Internal Revenue Code sections 6721 and 6722. The new provisions...

 

HTMLIn Fresenius, the NLRB Admits It Was Wrong . . . Sort Of!
Harold P. Coxson; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
July 7, 2015, previously published on July 1, 2015
On June 24, 2015, the National Labor Relations Board (NLRB) issued a new decision involving allegations that an employer had unlawfully discharged an employee who had scrawled sexually-oriented obscenities and threatening statements on the face of union literature. In Fresenius USA Manufacturing,...

 


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