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

 







Document(s) published by this organization: 360


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HTMLA WARN Act Roundup: Jury Trial Rights, the Unforeseen Business Circumstances Defense, and the Single Employer Rule
Michael R. Marra, Melissa Jill Osipoff; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
March 23, 2015, previously published on February 27, 2015
Towards the end of 2014, three federal courts explored developing issues under the federal Worker Adjustment and Retraining Notification Act of 1988 (WARN Act), 29 U.S.C. §§ 2101-2109 et. seq. Below is a summary of three notable cases that employers may find helpful if contemplating a...

 

HTMLFrench Terminations: What Happens if You Miss the End of the Probationary Period?
Rebecca Marks; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
March 23, 2015, previously published on February 27, 2015
You know that sinking feeling: you have a new employee in France who is not working out, and the manager has left it until the last minute to let you know. What happens if the required termination notice period will now extend beyond the end of the employee’s trial period? Does that...

 

HTMLChanging MSHA Penalties: What’s on the Horizon for Mine Operators?
Michael T. Heenan; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
March 23, 2015, previously published on February 27, 2015
The Mine Safety and Health Administration (MSHA) is in the process of reviewing proposed new civil penalty regulations following multiple hearings in which stakeholders offered their comments. Civil penalties for safety violations within the mining industry have generated much consternation and...

 

HTMLWhat Will Be the Fate of Your (Facially Neutral) Light-Duty Policies After Young v. UPS?
Hera Arsen; Ogletree Deakins Nash Smoak Stewart P.C.;
Legal Alert/Article
March 23, 2015, previously published on February 23, 2015
With its forthcoming decision in Young v. United Parcel Service, Inc., the Supreme Court of the United States is expected to bring some much-needed clarity to the issue of what the Pregnancy Discrimination Act (PDA), 42 U.S.C. §2000e(k), requires of employers. The case involves the legality of...

 

HTMLWhat’s Ahead in 2015 for Retailers in Labor and Employment Law? Part II
Julie Donahue; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
March 20, 2015, previously published on February 14, 2015
The recent Ogletree Deakins webinar, “What’s Ahead in 2015 for Retailers in Labor and Employment Law,” featured leaders in the retail industry and labor and employment attorneys—Randel K. Johnson, senior vice president of the U.S. Chamber of Commerce; Kelly Kolb, vice...

 

HTMLTread Carefully When Implementing a Reduction in Force
Jacob C. Credeur; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
March 20, 2015, previously published on February 10, 2015
With recent price drops in the oil and gas industry it is likely that reductions in force (RIFs) are looming on the horizon. But employers need to tread carefully when implementing any RIF, as it can raise thorny issues under both state and federal law. In addition, an often overlooked aspect of...

 

HTMLGovernment, Businesses Prioritize Cybersecurity Spending
Rebecca J. Bennett; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
March 20, 2015, previously published on February 10, 2015
If spending is a good indicator of shifting priorities for both business and government, then cybersecurity is quickly becoming priority number one.

 

HTMLIf You’re Serious About Your Strategic Plan . . . Don’t Make the “People” Mistake: Interview with Bob Briggs
Jathan Janove; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
March 20, 2015, previously published on February 11, 2015
Bob Briggs is the president and chief executive officer (CEO) of PeopleWorks International, an international business performance consultancy. For the past 35 years he has consulted on organizational change and strategic planning from small businesses to Fortune 50 giants.

 

HTMLWhat if the West Coast Ports Shut Down by Lockout or Strike? Is it Time to Invoke Taft-Hartley?
Harold P. Coxson; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
March 19, 2015, previously published on February 10, 2015
Since the expiration of a labor contract in July 2014, negotiations for a new contract have dragged on between management representatives of the Pacific Maritime Association (PMA)—a multi-employer bargaining association representing terminal operators, stevedores, and shipping...

 

HTMLA WARN Case Study: Are Workers on Layoff “Employees” and the Hidden Dangers of Exposing Controlled Groups to Liability
Stanley G. Schroeder; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
March 19, 2015, previously published on February 8, 2015
Last week the U.S. District Court in Cleveland issued a decision that, once again reminds us in two ways how devilishly tricky the Worker Adjustment and Retraining Notification (WARN) Act can be when determining what is a covered employer and who is liable for a violation of the Act. Blough v....

 


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