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

 







Document(s) published by this organization: 386


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HTMLSupreme Court Clarifies ESOP Fiduciaries’ Obligations
Hera S. Arsen, J.D., Ph.D.; Ogletree Deakins Nash Smoak Stewart P.C.;
Legal Alert/Article
July 2, 2014, previously published on June 25, 2014
On June 25, 2014, the Supreme Court of the United States ruled that a fiduciary of an “employee stock ownership plan” (ESOP) is subject to the same duty of prudence that the Employee Retirement Income Security Act (ERISA) requires of fiduciaries in general. Justice Breyer, delivering...

 

HTMLIRS Begins Section 409A Compliance Initiative
Vicki M. Nielsen; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
July 2, 2014, previously published on June 26, 2014
The Internal Revenue Service (IRS) is getting ready to ramp up enforcement of Section 409A of the Internal Revenue Code. The federal agency recently announced the launch of a new project to assess the level of taxpayer compliance with Section 409A-the provision that regulates nonqualified deferred...

 

HTMLYour Guide to the Proposed Rules Under Executive Order 13658 Setting a Minimum Wage for Federal Contractors
Dara L. DeHaven, Leigh M. Nason, Christopher J. Near, Alfred B. Robinson; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
July 2, 2014, previously published on June 18, 2014
On February 12, 2014, President Barack Obama signed Executive Order 13658 (“Establishing a Minimum Wage for Contractors”), with instructions to U.S. Secretary of Labor Thomas E. Perez to issue regulations by October 1, 2014 implementing the requirements of the order. On June 17, 2014, a...

 

HTMLSCOTUS Preview: Is the End in Sight for Public Employee Unionism (and Fair Share Fees)?
Hera S. Arsen, J.D., Ph.D.; Ogletree Deakins Nash Smoak Stewart P.C.;
Legal Alert/Article
July 2, 2014, previously published on June 24, 2014
Does a collective bargaining agreement that requires nonunion home-care workers to pay a fee to a union representative violate the First Amendment of the U.S. Constitution? In the next few days the Supreme Court of the United States will decide this question in a case challenging a state law...

 

HTMLEmployers Are Not Required to Provide Transit Fringe Benefits—Except in California
Vicki M. Nielsen; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
July 2, 2014, previously published on June 24, 2014
Since the Golden State sometimes can be a bellwether for national trends, employers nationwide may want to keep an eye on what’s occurring in California regarding commuter benefits. Certain employers in the San Francisco Bay Area have less than six months to comply with a new law that...

 

HTMLMassachusetts Increases Minimum Wage
David P. Mason; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
July 2, 2014, previously published on June 27, 2014
On June 26, 2014, Massachusetts Governor Deval Patrick signed into law legislation that will significantly increase the state’s minimum wage for hourly and tipped workers over the next three years. The current Massachusetts minimum wage of $8.00 per hour will increase to $11.00 per hour by...

 

HTMLHouse Subcommittee Critiques Aggressive Agenda at National Labor Relations Board
Harold P. Coxson; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
July 2, 2014, previously published on June 24, 2014
Today, the U.S. House of Representatives Subcommittee on Health, Employment, Labor, and Pensions conducted an oversight hearing titled, “What Should Workers and Employers Expect Next From the National Labor Relations Board?” The witnesses represented labor and management perspectives.

 

HTMLDOL’s Proposed Rule Redefines FMLA’s Definition of “Spouse” to Recognize “Place of Celebration”
Nonnie L. Shivers; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
July 2, 2014, previously published on June 23, 2014
On June 20, 2014, the U.S. Department of Labor (DOL) issued a press release announcing a proposed rule extending the protections of the Family and Medical Leave Act (FMLA) to all eligible employees in legal same-sex marriages regardless of where they live. The DOL is proposing this rule in light of...

 

HTMLMSHA Initiates Enforcement Review of Elevator Safety at Cement Operations
William K. Doran; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
July 1, 2014, previously published on June 26, 2014
In the aftermath of a fatal elevator accident in February 2014 at a cement plant in Kentucky, the Mine Safety and Health Administration (MSHA) has initiated an unannounced elevator enforcement review at cement operations around the country. According to MSHA management, the specific focus of these...

 

HTMLFederal Court Clarifies CAFA’s Jurisdictional Amount in State PAGA Cases
Hera S. Arsen, J.D., Ph.D.; Ogletree Deakins Nash Smoak Stewart P.C.;
Legal Alert/Article
July 1, 2014, previously published on June 18, 2014
A judge of the U.S. District Court for the Central District of California recently issued a pro-employer ruling with regard to the jurisdictional minimum amount in controversy required by the Class Action Fairness Act (CAFA) of 2005-an issue that has not been resolved by the Ninth Circuit Court of...

 


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