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

 







Document(s) published by this organization: 373


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HTMLAlabama Heightens Attention on Misclassified Employees
James C. Pennington, Samantha K. Smith; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
October 15, 2014, previously published on October 13, 2014
The U.S. Department of Labor continues its “misclassification initiative” by adding Alabama to its list of state partners. On October 2, 2014, Alabama Labor Commissioner Fitzgerald Washington and DOL regional director Wayne Kotowski signed a memorandum of understanding designed to...

 

HTMLFirst Circuit Favors Broad Application of Analogue to Airline Deregulation Act Preemption Provision
Elizabeth Dougherty; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
October 10, 2014, previously published on October 7, 2014
On September 30, 2014, in Massachusetts Delivery Association v. Coakley, No. 13-2307 (September 30, 2014), the First Circuit Court of Appeals overturned a lower court’s refusal to preempt a Massachusetts independent contractor law under the express preemption provision of the Federal Aviation...

 

HTMLNew York City Expands Living Wage Law For City Contractors
Dino A. Bovell, Aaron Warshaw; Ogletree Deakins Nash Smoak Stewart P.C.;
Legal Alert/Article
October 10, 2014, previously published on October 6, 2014
On September 30, 2014, New York City Mayor Bill de Blasio signed Executive Order No. 7, “Living Wage For City Economic Development Projects,” which raises the city’s “living wage” (i.e., minimum wage) for certain employers that contract with the city or that receive...

 

HTMLAre You Paying Home Health Workers Federal Minimum Wage and Overtime? If Not, It’s Time to Start
Kelly Riggs; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
October 10, 2014, previously published on October 6, 2014
Traditionally, home health workers who have provided for the care, fellowship, and protection of persons who, because of their advanced age or physical or mental infirmity could not care for themselves, have been exempt from the federal minimum wage and overtime requirements. These workers are...

 

HTMLSupreme Court Passively Clears the Way for Same-Sex Marriage
Nonnie L. Shivers; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
October 10, 2014, previously published on October 7, 2014
On October 6, 2014, the Supreme Court of the United States declined to review all seven same-sex marriage cases with petitions for certiorari pending before it. The Court’s refusal to hear the appeals means that the lower court decisions striking down same-sex marriage bans in Indiana,...

 

HTMLSeven Key Supreme Court Cases for Retailers to Watch
Diane M. Saunders; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
October 9, 2014, previously published on October 2, 2014
The Supreme Court of the United States is ending its summer recess and will start hearing oral arguments next week. There are seven key cases on the Court’s docket for the current term that could affect retailers. Here is a quick run-down of the important cases for retailers to watch and a...

 

HTMLAnd the Numbers Are Finally In . . . Wage and Hour Division Releases Enforcement Statistics
Alfred B. Robinson; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
October 9, 2014, previously published on October 2, 2014
After a long hiatus, the Wage and Hour Division (WHD) of the U.S. Department of Labor (DOL) released its updated enforcement statistics for fiscal years (FY) 2009 through 2013. The federal government’s fiscal year runs from October 1 through September 30, and the statistics are updated...

 

HTMLIRS Reminds Employers Value of “Free” Parking May Be Taxable Fringe Benefit
Vicki M. Nielsen; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
October 9, 2014, previously published on October 2, 2014
A recent Information Letter issued by the Internal Revenue Service (IRS) on the taxation of employer-provided parking, although noncontroversial, serves as a useful reminder that “free” parking for employees may result in taxes for both the employee and the employer. IRS Information...

 

HTMLIllinois Department of Labor Relaxes Rule Requiring Contemporaneous Authorization for Employee Wage Deductions
Norma Manjarrez; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
October 9, 2014, previously published on October 3, 2014
In a rare employer-friendly move, the Illinois Department of Labor recently amended the requirements imposed on employers when making deductions from employee wages. Specifically, the state agency amended the employee consent requirements to recognize that employers and employees may enter into an...

 

HTMLFifth Circuit Finds Restriction of Job Responsibilities May Constitute Adverse Employment Action Under Title VII
Maria Greco Danaher; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
October 9, 2014, previously published on October 2, 2014
Title VII of the Civil Rights Act of 1964 makes it unlawful for an employer to fail to hire or to discharge an individual or otherwise discriminate against such individual “with respect to his [or her] compensation, terms, conditions, or privileges of employment” because of a protected...

 


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