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

 







Document(s) published by this organization: 419


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HTMLMissouri School Boards, Cities, and Counties: Consider Enacting Ordinance Providing for Secret Ballot Union Elections for Certain Employees
Meredith A. Lopez, Robert W. Stewart; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
August 19, 2015, previously published on August 19, 2015
Article I, Section 29 of the Missouri Constitution gives employees “the right to organize and to bargain collectively through representatives of their own choosing.” For most public sector employees, Chapter 105 of the Missouri Revised Statutes (RSMo) includes a procedure by which...

 

HTMLCalifornia Court of Appeal Rules in Favor of Public Entity Employer: No Forum Shopping for California Public Entity Employees
Sarah A. Williams; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
August 18, 2015, previously published on August 17, 2015
In a recent unpublished case, the California Court of Appeal ruled a public civil service commission decision on a worker’s employment claims precluded him from relitigating his claims in a civil action. According to the state appellate court, the suit brought by a discharged worker who filed...

 

HTMLCalifornia Amends FEHA, Protecting Accommodation Requests
Christopher W. Olmsted; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
August 18, 2015, previously published on August 18, 2015
On July 16, 2015, California’s Governor Jerry Brown signed a bill amending the California Fair Employment and Housing Act (FEHA), adding protections for workers who request accommodations for disabilities or religious beliefs.

 

HTMLHawaii Enacts New Restrictions on Noncompete and Nonsolicitation Agreements for Employees of Technology Businesses
Patricia Haim; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
August 17, 2015, previously published on August 17, 2015
A new Hawaii law prohibits and makes void noncompete and nonsolicit clauses in the employment contracts of “technology business” employees if the contracts are entered into on or after the law’s effective date of July 1, 2015. The new law does not affect noncompete and nonsolicit...

 

HTMLCourt Finds STEM OPT Extension Rule to Be Deficient: Vacatur Stayed Temporarily to Allow DHS to Cure
Ann Louise Brown, Rebecca L. Sigmund; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
August 17, 2015, previously published on August 14, 2015
On August 12, 2015, in Washington Alliance of Technology Workers v. U.S. Department of Homeland Security et al., No. 14-529 (August 12, 2015), Judge Ellen Segal Huvelle of the U.S. District Court for the District of Columbia vacated the 2008 Department of Homeland Security (DHS) rule extending...

 

HTMLStriking a Balance: Alabama’s Newly-Amended Restrictive Covenant Statute
James A. Patton; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
August 14, 2015, previously published on August 14, 2015
When Alabama Governor Robert Bentley signed House Bill 352 into law on June 11, 2015, he repealed Alabama’s bare bones restrictive covenant statute and replaced it with a detailed codification of much of Alabama’s restrictive covenant case law. The new statute, which will become...

 

HTMLAlcoholism and the ADA: The DOs and DON’Ts of Alcohol Testing in the Workplace
Michael Clarkson, M. Tae Phillips; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
August 14, 2015, previously published on August 14, 2015
The Americans with Disabilities Act of 1990, as amended (ADA) considers alcoholism to be a “disability.” Individuals who suffer from alcoholism are entitled to the protections of the ADA just as those with significant mental illnesses or those confined to wheelchairs are. Thus,...

 

HTMLPlay for Pay? Not Today, Says the Ninth Circuit in the Latest NCAA Ruling
Lisa Karen Atkins, John Richard Carrigan; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
August 13, 2015, previously published on August 12, 2015
Whether the amateurism rules of the National Collegiate Athletic Association (NCAA) violate federal antitrust laws remains an active issue before the Ninth Circuit Court of Appeals. But the dramatic changes ordered by U.S. District Judge Claudia Wilken to take effect for scholarship offers made...

 

HTMLThe SEC’s Interpretative Guidance on Internal Whistleblowing Under the Dodd-Frank Act
Margaret Hutchins Campbell, Jesse C. Ferrantella; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
August 12, 2015, previously published on August 11, 2015
On August 4, 2015, the U.S. Securities and Exchange Commission (SEC) issued an interpretive rule stating that whistleblowers who report misconduct internally-not just those who report to the SEC-are protected by the anti-retaliation provisions of the Dodd-Frank Wall Street Reform and Consumer...

 

HTMLUSCIS Issues Final Guidance on Recent AAO Decision in Simeio
Ann Louise Brown, Rebecca L. Sigmund; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
August 7, 2015, previously published on August 5, 2015
On Tuesday, July 21, 2015, U.S. Citizenship and Immigration Services (USCIS) issued its final guidance on the recent Administrative Appeals Office (AAO) decision in Matter of Simeio Solutions, LLC. Under Simeio, employers must file an amended H-1B petition, along with an updated Labor Condition...

 


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