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

 







Document(s) published by this organization: 421


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HTMLNotice and Opportunity to Bargain: What Newly Organized Employers Must Do Before Imposing Discipline
Harry J. Secaras; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
September 14, 2016, previously published on September 7, 2016
Notwithstanding Member Miscamarra’s detailed dissent showing the majority’s flawed reasoning and departure from long-standing precedent, the National Labor Relations Board (NLRB) recently imposed new bargaining obligations on recently organized employers that changes current law. In...

 

HTMLPay Equity FAQs: Answers to the Questions That Keep You Up at Night
Liz S. Washko, Lara C. de Leon; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
September 14, 2016, previously published on September 12, 2016
As employers are learning about the many trends and changes that are bringing pay equity issues to the fore, they are asking questions regarding what they can do to protect themselves from potential liability. This article addresses some of the most frequently asked questions regarding pay equity...

 

HTMLThe Cat Is Out of the Bag: Second Circuit Rules Cat’s Paw Theory Applies to Nonmanagerial Coworkers
Frank Birchfield; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
September 14, 2016, previously published on September 6, 2016
Rarely has the maxim “hard cases make bad law” found greater application than in the Second Circuit Court of Appeals’ recent decision to expand the “cat’s paw” doctrine adopted by the Supreme Court of the United States in 2011. Under the cat’s paw doctrine,...

 

HTMLCalifornia Court Finds That Discretionary Clauses in Health Insurance Policies Are Enforceable
Sean P. Nalty; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
September 14, 2016, previously published on September 12, 2016
In 2011, the California legislature passed Insurance Code Section 10110.6 which bans the use of discretionary clauses in any policy, contract, certificate, or agreement offered, issued, delivered, or renewed, whether or not in California, that provides or funds life insurance or disability...

 

HTMLWhen Patient Care Needs and Employee FMLA Demands Conflict
Liz S. Washko; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
September 14, 2016, previously published on September 7, 2016
A healthcare employer’s primary mission is to provide appropriate medical care and treatment to patients. In order to provide such care, healthcare companies rely on the steady and committed presence of competent, licensed professionals who are ready, willing, and able to perform the tasks...

 

HTMLThe SEC Continues to Limit Language in Employment-Related Contracts
Margaret Hutchins Campbell, Karen Lynn Vossler; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
September 14, 2016, previously published on September 6, 2016
In orders issued just six days apart last month, the U.S. Securities and Exchange Commission (SEC) rejected language in severance agreements requiring employees to waive rights to receive additional monetary recovery, particularly awards for providing information to government enforcement agencies....

 

HTMLB.U.G. O.F.F.! Six Tips for Dealing With Zika Questions and Concerns
Maria Greco Danaher; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
September 14, 2016, previously published on September 8, 2016
As of August 24, 2016, according to the Center for Disease Control (CDC), there were 2,517 cases of Zika virus in the United States, 29 of which were “[l]ocally acquired mosquito-borne cases” (all 29 of those were in Florida), and the remainder of which are travel associated. The CDC...

 

HTMLWorkplace Harassment Obligations Expanding for Ontario Employers
Michael Comartin; Ogletree Deakins International, LLP;
Legal Alert/Article
September 14, 2016, previously published on September 7, 2016
Effective September 8, 2016, Ontario’s Bill 132, the Sexual Violence and Harassment Action Plan Act (Supporting Survivors and Challenging Sexual Violence and Harassment) expands an employer’s obligation to identify, prevent, and investigate workplace harassment. Bill 132 expands the...

 

HTMLDHS Proposes Long-Awaited International Entrepreneur Rule
Andrea Christina Davis, Maria Fernanda Gandarez; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
September 14, 2016, previously published on September 6, 2016
On August 26, 2016, the U.S. Department of Homeland Security (DHS) released advance notice of proposed rulemaking designed to encourage and facilitate entrepreneurship within the United States. The notice was published in the August 31, 2016 Federal Register and is subject to a 45-day comment...

 

HTMLHas the Seventh Circuit Court of Appeals Expanded the Grounds for Reviewing Arbitration Awards?
Randolph E. Ruff; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
September 11, 2016, previously published on September 1, 2016
A fundamental tenet of arbitration is that arbitration awards are subject to very limited review and are rarely vacated due to an error in contract interpretation. The Illinois Uniform Arbitration Act sets forth just five limited grounds under which a court can vacate an arbitration award,...

 


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