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

 







Document(s) published by this organization: 414


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HTMLMiners & Marijuana
Michael T. Heenan; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
August 4, 2015, previously published on July 21, 2015
As in other industries, mining companies must contend with employees and contractors using or being under the influence of illegal drugs in the workplace. Marijuana is one of the most prominent substances detected in drug screens of job applicants. Mine operators have routinely made blanket...

 

HTMLWho’s That Knocking at Your Door? USCIS Plans House Calls to Retrieve Erroneous EADs
Ann Louise Brown, Rebecca L. Sigmund; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
August 4, 2015, previously published on July 30, 2015
U.S. Citizenship and Immigration Services (USCIS) is taking extreme measures to get back all the three-year Employment Authorization Document (EAD) cards erroneously issued to Deferred Action for Childhood Arrivals (DACA) recipients. On February 16, 2015, the Fifth Circuit Court of Appeals, in...

 

HTMLMSHA Workplace Examination “Clarification” Places Enforcement Target Squarely on Operators
William K. Doran; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
August 4, 2015, previously published on July 29, 2015
Over the years, the Mine Safety Health Administration (MSHA) has tried on two different occasions to overhaul the workplace examination standard at 30 CFR §56/57.18002 by issuing program policy letters. The agency’s primary goal in each of those efforts was to expand the recordkeeping...

 

HTMLIndependent Contractor or Employee: DOL’s Latest Guidance on Employee Status
Margaret Santen Hanrahan, Brittni Alecia Pitts; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
August 3, 2015, previously published on July 16, 2015
On July 15, 2015, the U.S. Department of Labor (DOL) issued guidance on determining whether a worker is an independent contractor in the form of an “Administrator’s Interpretation.” Describing independent contractor misclassification as resulting in an “uneven playing field...

 

HTMLThe First 100 Days of Ambush Elections: Impact on the Retail and Hospitality Sectors
Diane M. Saunders; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
July 31, 2015, previously published on July 22, 2015
The National Labor Relations Board (NLRB) implemented its “ambush” or “quickie” election rules on April 14, 2015. An analysis of available NLRB data on representation election (RC) petitions filed since the effective date of the new rules yields some interesting information...

 

HTMLNew York Bill Follows California’s Lead to Recognize Professional Cheerleaders as Employees
Dino A. Bovell; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
July 31, 2015, previously published on July 22, 2015
It’s official—professional cheerleaders are now recognized as employees under California law. On July 15, 2015, California Governor Jerry Brown signed a bill that requires all California-based professional sports teams to pay their cheerleaders the minimum wage. As employees,...

 

HTMLQuest for “Living Wage” Results in Minimum Wage Increases in Kansas City, Missouri
Adam T. Pankratz; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
July 31, 2015, previously published on July 22, 2015
After months of heated debate, Kansas City, Missouri’s City Council voted to incrementally increase the minimum wage in Kansas City, Missouri over time from the current state-mandated $7.65 per hour to $13.00 per hour in 2020. The first incremental increase takes effect on August 24, 2015,...

 

HTMLHere We Go Again—The Robert C. Byrd Mine Safety Protection Act
Dinah L. Choi, Gwendolyn K. Nightengale; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
July 31, 2015, previously published on July 21, 2015
For the fourth time since the Upper Big Branch coal mine explosion in April 2010, a Congressional bill proposes to further amend the Federal Mine Safety and Health Act of 1977. The Robert C. Byrd Mine Safety Protection Act was first introduced on December 3, 2010, and again on April 15, 2011, and...

 

HTMLNew York Wage Board Recommends Minimum Wage of $15 per Hour for Fast Food Workers
Aaron Warshaw; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
July 31, 2015, previously published on July 23, 2015
As we previously reported, New York Governor Andrew M. Cuomo recently appointed a Wage Board to make recommendations on increasing the minimum wage for New York State fast food employees. Throughout the recent public meeting process, fast food employers have roundly criticized any proposed minimum...

 

HTMLDo Discharges Resulting From a Career Planning Program Amount to Group Termination Under the OWBPA?
Michael O. Eckard, Gretchen W. Ewalt; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
July 31, 2015, previously published on July 28, 2015
In Barnes v. The Hershey Company, No. 3:12-cv-01334, Judge Charles R. Breyer of the U.S. District Court for the Northern District of California granted summary judgment to an employer on the age claims brought by several former employees who had signed waivers of their age discrimination claims...

 


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