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

 







Document(s) published by this organization: 417


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HTMLThe Top 10 Labor and Employment Issues Retailers Will Face in 2017
Diane M. Saunders; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
January 12, 2017, previously published on January 4, 2017
The coming of a new year always presents uncertainty for retail employers on the labor and employment front, but particularly so this year with the coming of the Trump administration and Republican majority in Congress. Questions abound about whether and how the Trump administration will roll back...

 

HTMLFido Can’t Help Ring in the New Year (Unless He’s a True Service Animal)
Rene L. Duckworth, James M. Paul; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
January 12, 2017, previously published on January 3, 2017
Individuals wishing to begin the new year by taking a beloved pet or emotional support animal out to a restaurant may run into new legal deterrents in some states. While the Americans with Disabilities Act (ADA) entitles people with disabilities to bring “service animals” into public...

 

HTMLSo You’re Going Global! Five Employment Basics for U.S. Companies Expanding Overseas
Carson G. Burnham, Rebecca L. Marks; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
January 12, 2017, previously published on January 4, 2017
Your company is doing well in the United States, and you are looking to expand internationally. That can be a very exciting time! But besides the practical logistics (e.g., Do I need to set up a subsidiary to hire someone overseas?), what fundamentals do you need to know before you take on an...

 

HTMLThe Overtime Rule Litigation: The Action Continues While the DOL Appeals
Greg Guidry; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
January 11, 2017, previously published on December 21, 2016
Even though the preliminary injunction against implementation of the overtime rule granted by Judge Mazzant is on a fast track appeal in the Fifth Circuit, the activity in the trial court has not ended.

 

HTMLThe Rising Minimum Wages and Tip Credits for 2017: An Overview
Margaret Carroll Alli, Benjamin Ari Anchill; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
January 11, 2017, previously published on December 21, 2016
Effective January 1, 2017, 29 states plus the District of Columbia will have minimum wage rates that are above the federal minimum wage rate of $7.25 per hour. The District of Columbia will continue to have, as it did last year, one of the highest minimum wage rates in the country at $11.50 per...

 

HTMLLos Angeles Passes Rigid “Ban the Box” Law
Betsy Johnson, Gustavo A. Suarez; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
January 11, 2017, previously published on December 21, 2016
On December 9, 2016, the City of Los Angeles enacted the Los Angeles Fair Chance Initiative for Hiring (LAFCIH), a “ban the box” law that is expected to go into effect on January 22, 2017, with monetary fines effective July 1, 2017. The ordinance (1) greatly restricts criminal history...

 

HTMLFifth Circuit Joins Growing List of Circuit Courts, Holds Employees Can Recover for Emotional Distress in FLSA Retaliation Claims
Juan B. Hernandez; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
January 11, 2017, previously published on December 28, 2016
In Pineda v. JTCH Apartments, L.L.C. (No. 15-10932, December 19, 2016), the Fifth Circuit Court of Appeals joined the Sixth and Seventh Circuit Courts of Appeals in holding that an employee may recover for emotional distress damages in a retaliation claim asserted under the Fair Labor Standards Act...

 

HTMLCalifornia and Criminal Convictions: Employers May Want to Reexamine Their Background Check Policies in Light of Proposed Regulations
David Alexander Abella, Sarah R. Nichols; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
January 11, 2017, previously published on December 29, 2016
In early 2016, the California Fair Employment and Housing Council (FEHC) proposed regulations that are intended to define and clarify how using a person’s criminal history may violate the Fair Employment and Housing Act (FEHA). If adopted, the regulations would create additional avenues for...

 

HTMLBack to 1981: More Reasonable Salary Levels for the Overtime Regulations
Alfred B. Robinson; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
January 11, 2017, previously published on December 29, 2016
By almost all accounts, the Trump administration, under the leadership of Secretary of Labor-designate Andrew Puzder, should inherit the part 541 regulations of the Obama administration that dramatically increased the salary amount required for the executive, administrative, and professional (EAP)...

 

HTMLThe NLRB Elevates Form Over Substance to Give Union Another Bite at the Apple
Thornell Williams; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
January 11, 2017, previously published on December 22, 2016
The National Labor Relations Board (NLRB) recently issued another decision appearing to prioritize the interests of organized labor above all else. In URS Federal Services, Inc., 365 NLRB No. 1 (December 8, 2016), the two Democratic Board members, over the dissent of the lone Republican member,...

 


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