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

 







Document(s) published by this organization: 362


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HTMLThe Immigration State of the Union: Obama Declares "We've Got a System to Fix"
Maria Fernanda Gandarez, Matthew Kolodziej, Lowell Sachs; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
March 3, 2015, previously published on January 22, 2015
On January 20, 2015, President Obama addressed the nation in the annual State of the Union address. Among the many topics that the president touched upon in his speech was immigration. After more sweeping immigration reform bills died in the U.S. House of Representatives last year, the president...

 

HTMLIndependent Contractor . . . or Not? DOL and Wisconsin DWD Team Up to Reduce Employee Misclassification
Keith E. Kopplin; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
March 3, 2015, previously published on January 26, 2015
On January 20, 2015, the U.S. Department of Labor (DOL) announced that Wisconsin had become the latest state to join the “Misclassification Initiative,” which is designed to protect the rights of employees “by preventing their misclassification as independent contractors or other...

 

HTMLVirgin Islands Supreme Court Addresses Wrongful Discharge Act and Other Statutory Causes of Action
Simone R. D. Francis; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
March 3, 2015, previously published on February 16, 2015
In a unanimous decision, the Supreme Court of the Virgin Islands held that the Wrongful Discharge Act (WDA) provides a remedy not only when an individual is discharged or resigns under circumstances that are alleged to constitute a constructive discharge, but also when the individual is demoted...

 

HTMLCourt Stays New FLSA Companionship Regulation From Going Into Effect
Robert R. Roginson, Carolyn E. Sieve; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
March 3, 2015, previously published on January 6, 2015
The court in Home Care Association of America v. Weil dealt another setback to the U.S. Department of Labor’s (DOL) amendments to the Fair Labor Standards Act’s (FLSA) regulations affecting home health care businesses. On December 31, 2014, the court issued an order temporarily staying...

 

HTMLFifth Circuit Adopts Standard in Disability Cases That Will Make it Harder for Employers to Obtain Summary Judgment
Lawrence D. Smith; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
March 3, 2015, previously published on January 6, 2015
In Equal Employment Opportunity Commission v. LHC Group Inc., the Fifth Circuit Court of Appeals evaluated a trial court’s grant of summary judgment to an employer on an employee’s disability discrimination claims. In reaching its decision on the disability discrimination claim related...

 

HTMLThe Cyber Security State of the Union: Obama Commits “to Protect a Free and Open Internet”
Danielle Y. Vanderzanden; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
March 3, 2015, previously published on January 27, 2015
In last week’s State of the Union address, President Barack Obama continued his ongoing push for nationwide privacy legislation to “better meet the evolving threat of cyber-attacks, combat identity theft, and protect our children’s information.” Recognizing the real threats...

 

HTMLPhiladelphia Mayor Signs New "Promoting Healthy Families and Workplaces" Ordinance
Richard W. Diaz, Julie Donahue; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
March 3, 2015, previously published on February 16, 2015
On February 12, 2015, Philadelphia Mayor Michael Nutter signed legislation requiring certain employers in the city of Philadelphia to provide up to five days of paid sick leave each calendar year to their employees. The ordinance, titled “Promoting Healthy Families and Workplaces,” goes...

 

HTMLPAGA Representative Claims Remain Alive After SCOTUS Denies Iskanian Review
Hera S. Arsen; Ogletree Deakins Nash Smoak Stewart P.C.;
Legal Alert/Article
March 3, 2015, previously published on January 20, 2015
This morning, the Supreme Court of the United States declined review of a state supreme court case that has sparked widespread flux in the landscape of class action arbitration waivers in California. In Iskanian v. CLS Transportation Los Angeles, LLC, S204032 (June 23, 2014), the Supreme Court of...

 

HTMLSoftening of Cuba Sanctions Opens the Way for Some Travel and Trade
Lowell Sachs, Stephen H. Smalley; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
March 3, 2015, previously published on January 27, 2015
As part of a broader, ongoing effort to forge closer relations with Cuba, the Obama administration has enacted a new set of regulations intended to facilitate certain forms of authorized travel to Cuba. The regulations, which were published on January 16, 2015, in the Federal Register, also loosen...

 

HTMLCourt Vacates DOL’s Regulations Mandating Minimum Wage and Overtime Payments to Home Health Care Employees
Robert R. Roginson, Carolyn E. Sieve; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
February 26, 2015, previously published on December 31, 2014
Just as many home health care agencies were gearing up for a major change to their businesses, a federal judge in Washington D.C. struck down the new U.S. Department of Labor (DOL) regulation extending the federal overtime and minimum wage requirements to home care workers employed by third-party...

 


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