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

 







Document(s) published by this organization: 383


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HTMLUSCIS Receives Record Number of H-1B Work Visa Requests
Jamey E. Ayers; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
April 30, 2015, previously published on April 13, 2015
On April 13, 2015, U.S. Citizenship and Immigration Service (USCIS) released the H-1B “cap” count, indicating that during the filing period it had received nearly 233,000 petitions for H-1B work visas. This means that U.S. employers filed approximately 233,000 petitions during the...

 

HTMLEmployers Between a Rock and a Hard Place: Another Puzzling “Status Quo” Case Decided On Other Grounds
Matthew J. Kelley; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
April 30, 2015, previously published on April 20, 2015
The National Labor Relations Board (Board) recently decided a case previously remanded back to it by the District of Columbia Circuit Court of Appeals. The Board’s decision in Arc Bridges, Inc., 362 NLRB No. 56, March 31, 2015, circumvents a now common problem for employers by relying on...

 

HTMLEmployers Can Decide That Physical Presence at the Workplace is an Essential Function
Kelly S. Hughes; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
April 30, 2015, previously published on April 16, 2015
On April 10, 2015, the Sixth Circuit Court of Appeals issued its long-awaited en banc decision in Equal Employment Opportunity Commission v. Ford Motor Company following a vacated panel decision from April 2014 in which a divided panel had reversed a district court’s summary judgment award in...

 

HTMLCity of St. Petersburg, Florida Passes Wage Theft Ordinance
Edmund J. McKenna; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
April 30, 2015, previously published on April 20, 2015
Under the new City of St. Petersburg “wage theft” ordinance, an employer commits wage theft when the employer fails to pay wages, or a portion of wages, due to an employee within a “reasonable time” (typically 14 business days) from the date on which that employee performed...

 

HTMLDecisions Raise Bar on Waiver of Arbitration Agreements Under Texas Law
Lawrence D. Smith; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
April 30, 2015, previously published on April 17, 2015
While employers may enter into arbitration agreements with employees relatively easily, ensuring the enforcement of arbitration agreements can be a different matter. For this reason, employers are rightfully cautious to avoid taking any steps in litigation that a trial court might consider to be a...

 

HTMLOil Field Employers Post-McMaster: Still Searching for Clarity on the TCA’s Impact on the Motor Carrier Act Exemption
Jennifer G. Betts; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
April 30, 2015, previously published on April 17, 2015
In McMaster v. Eastern Armored Services, Inc., No. 14-1010 (March 11, 2015), the Third Circuit Court of Appeals issued one of the first federal appellate court opinions discussing the SAFETEA-LU Technical Corrections Act of 2008 (TCA). The TCA is an uncodified amendment to the Fair Labor...

 

HTMLThird Circuit Finds Motor Carrier Exemption to Overtime Inapplicable to Truck driver under The "Small Vehicle Exception"
Robin Koshy, Steven J. Luckner, Evan J. Shenkman; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
April 27, 2015, previously published on April 2015
On March 11, 2015, the Third Circuit Court of Appeals affirmed that the motor carrier exemption to the overtime requirements of the Fair Labor Standards Act (FLSA) did not apply to a truck driver who operated vehicles lighter than 10,000 pounds, even though she spent more than half her time...

 

HTMLThird Circuit Holds Option to Convert Terminated Employees Into Independent Contractors Sufficient Consideration to Support Release
Robin Koshy, Steven J. Luckner, Evan J. Shenkman; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
April 27, 2015, previously published on April 2015
In connection with a wholesale reclassification of certain sales agents from employees to independent contractors, Allstate Insurance Company terminated the employees and offered them the opportunity to work as independent contractors in exchange for the execution of a release of all claims arising...

 

HTMLEEOC has Defined "Ability to Interact with Others" as a Major Life Activity, Making Social Anxiety Disorder A Disability under the ADA
Maria Greco Danaher; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
April 27, 2015, previously published on April 20, 2015
An employee who was fired after asking to be reassigned to a role with less direct personal interaction as an accommodation for her social anxiety disorder has been allowed by the Fourth Circuit Court of Appeals to take her case to a jury. Jacobs v. N.C. Administrative Office of the Courts, No....

 

HTMLNew Fiduciary Regulations Require Retirement Investment Advisers to Act in Clients’ Best Interests
Preston R. Burch; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
April 24, 2015, previously published on April 23, 2015
On April 14, 2015, the U.S. Department of Labor (DOL) issued new proposed regulations that changed the definition of “fiduciary investment advice” as currently found in DOL Regulation 2510.3-21(c). These proposed rules also formally withdraw the prior proposed regulations issued in...

 


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