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

 







Document(s) published by this organization: 421


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HTMLKey Arguments in Defending a Disability Claim Based on Subjective Complaints
Sean P. Nalty; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
September 9, 2016, previously published on August 24, 2016
Courts often do not clearly articulate what are key arguments in defending an action under the Employee Retirement Income Security Act of 1974 (ERISA) involving a claim for benefits based on subjective complaints. However, the stars recently aligned and U.S. District Judge Michael W. Fitzgerald of...

 

HTMLAccessibility for Ontarians With Disabilities Act, 2005, Part III: What Are My Obligations as a Private-Sector Employer Under the Law’s Integrated Accessibility Standards?
Michael Comartin; Ogletree Deakins International, LLP;
Legal Alert/Article
September 9, 2016, previously published on August 23, 2016
This is the third and final installment in a three-part series of articles focused on employers’ duties under Ontario’s Accessibility for Ontarians with Disabilities Act, 2005 (AODA). Part one addressed the scope and applicability of the law to various businesses. addressed what a...

 

HTMLNinth Circuit Holds Class Action Waivers Violate NLRA: What Employers Should Do Now
Ron Chapman, Rafael G. Nendel-Flores, Michael E. Olsen; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
September 9, 2016, previously published on August 24, 2016
In an important 2-1 decision, a divided panel of the Ninth Circuit Court of Appeals recently concluded class action waivers in arbitration agreements violate the National Labor Relations Act (NLRA) and therefore are unenforceable. This ruling adds to the growing circuit split on this critical...

 

HTMLLow-Wage Employees in Illinois Protected From Noncompetes Under New Law
Hera S. Arsen, Ph.D., Tobias E. Schlueter; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
September 9, 2016, previously published on August 26, 2016
On August 19, 2016, Illinois Governor Bruce Rauner signed a bill prohibiting noncompete agreements for low-wage employees. In addition to prohibiting most private-sector employers from entering into noncompetes with their low-wage employees, the Illinois Freedom to Work Act (the Act) renders...

 

HTMLClass Action Retirement Plan Litigation Hits Higher Ed Hard
Daniel T. Sulton; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
September 9, 2016, previously published on August 26, 2016
In recent weeks, multiple class action lawsuits have been filed against private, nonprofit universities across the country alleging breaches of fiduciary duty and claiming millions of dollars in damages for retirement plan participants. Each action was filed by the same law firm that previously...

 

HTMLConnecticut's Highest Court Reinstates State Employee Fired for Smoking Marijuana at Work
Kelly M. Cardin, Marc L. Zaken; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
September 9, 2016, previously published on August 29, 2016
The Supreme Court of Connecticut recently held, by a unanimous decision, that termination was not the only appropriate disciplinary action for a public employee who had been caught smoking marijuana during working hours. In so doing, the court found that despite the state’s “explicit,...

 

HTMLPennsylvania and DOL Collaborate in Employee Misclassification Enforcement Efforts
Jennifer G. Betts; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
September 9, 2016, previously published on August 30, 2016
The Pennsylvania Department of Labor and Industry recently signed a three-year memorandum of understanding (MOU) with the U.S. Department of Labor’s (DOL) Wage and Hour Division designed to prevent employees from being misclassified as independent contractors and other wage-and-hour...

 

HTMLWhite House Announces Release of Final Contractor Blacklisting Rules: Phased Implementation for Prime Contractors and Subcontractors
James J. Murphy; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
September 9, 2016, previously published on August 24, 2016
The long wait for the so-called “contractor blacklisting” rules is over. According to a fact sheet released by the White House, final regulations and guidance will be released on August 24, 2016 and published in the Federal Register on the following day. The final regulations and...

 

HTMLNinth Circuit Issues Pro-Employer and Pro-Union Ruling Against Worker With a Long History of Harassing Comments
Susan Tianyang Ye; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
September 9, 2016, previously published on August 31, 2016
In a recent decision, the Ninth Circuit Court of Appeals affirmed a district court’s grant of summary judgment in favor of the defendants in a case involving the discharge of a union employee following his alleged whistleblowing on his union’s former president. The court found that...

 

HTMLConsistent Enforcement of Drug Policies Key to Avoiding Disparate Treatment Claims
Rayna Habel Jones; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
September 1, 2016, previously published on August 18, 2016
Following termination stemming from a positive drug test for marijuana, a Native American female, appearing pro se, filed a federal lawsuit against her former employer, Mohave County’s Public Works Department. She alleged discrimination based on race and/or ancestry, a violation of her rights...

 


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