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

 







Document(s) published by this organization: 340


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HTMLThe Lion Bite Case Sleeps in Nevada, But It’s a Whale of a Story
Stephen C. Yohay; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
March 19, 2014, previously published on March 14, 2014
The tragic death of an orca (commonly called killer whales) trainer at SeaWorld of Florida in 2010 has stimulated much debate on whether direct contact between wild animals and humans should be permitted in entertainment contexts, and whether the Occupational Safety and Health Administration (OSHA)...

 

HTMLCap-Subject H-1B Petitions for FY 2015 Should Be Filed with USCIS on March 31, 2014
Caroline Tang; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
March 17, 2014, previously published on March 12, 2014
U.S. Citizenship and Immigration Services (USCIS) will begin accepting new H-1B petitions to be counted toward the annual H-1B quota (the “H-1B cap”) for fiscal year (FY) 2015 on Tuesday, April 1, 2014. USCIS will not accept H-1B cap submissions before April 1. We expect that this year,...

 

HTMLHow to Protect Your Summary Judgment Win: Employer’s Victory Reversed in Age Bias Case
Hera S. Arsen, J.D., Ph.D., Leslie E. Wallis; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
March 17, 2014, previously published on March 12, 2014
Motions for summary judgment are among the most important—and efficient—devices for defeating a discrimination suit brought by an employee against an employer. If successful, these motions serve to narrow issues to be litigated, avoid costly trials, and encourage opposing parties to...

 

HTMLWhen Titans Clash: California Whistleblower Protections Trump Law on Review of Internal Hospital Staff Privilege Procedures
Maria Greco Danaher; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
March 17, 2014, previously published on March 10, 2014
Health care employers face myriad challenges in complying with numerous laws—with physician hospital staff privileges and whistleblower issues not least among them. On the privileges side, a well-developed body of law provides rigid requirements on both sides of the employer-hospital...

 

HTMLIs an End-of-Shift Security Clearance Compensable? The Supreme Court Will Decide Next Term
Hera S. Arsen, J.D., Ph.D.; Ogletree Deakins Nash Smoak Stewart P.C.;
Legal Alert/Article
March 17, 2014, previously published on March 6, 2014
On Monday, March 3, 2014, the Supreme Court of the United States agreed to decide whether a company was required to pay overtime compensation to its workers for the time they spent passing through a security clearance at the end of each shift. In a case on appeal from the Ninth Circuit Court of...

 

HTMLWho Will Be Entitled to Overtime Under Obama’s Expected Rule Change?
Dara L. DeHaven, Margaret Santen Hanrahan; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
March 17, 2014, previously published on March 13, 2014
Today, President Obama signed a presidential memorandum instructing the Secretary of Labor to update regulations regarding overtime protections. According to White House officials, and a fact sheet that the White House released this morning, the president’s memorandum will change the overtime...

 

HTMLMaking the Case for Employee Engagement: A Hard Numbers Approach
Jathan Janove, Amanda C. Van Wieren; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
March 17, 2014, previously published on March 11, 2014
Are your employees engaged or are they transactional? Do you believe that employee engagement has a substantial impact on your bottom line? If so, what are you doing to increase employee engagement?

 

HTMLIs An Employee Who Is Six Days out of Rehab “Disabled” Under the TCHRA?
Robert E. Bettac; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
March 17, 2014, previously published on March 11, 2014
The Texas Commission on Human Rights Act (TCHRA) provides that a “current condition of addiction” to alcohol, drugs, or controlled substances is not a covered “disability.” In Melendez v. Houston Independent School District (December 5, 2013), the Texas 14th District Court...

 

HTMLCourt Throws Out Union’s Railway Labor Act Challenge to Employer’s Withdrawal of Voluntary Recognition and Rejection of CBA
Elizabeth Dougherty; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
March 10, 2014, previously published on February 28, 2014
On February 18, 2014, in Herrera v. Command Security Corp. d/b/a Aviation Safeguards, 2:12-cv-10968-SVW-RZx, the U.S. District Court for the Central District of California ruled that an employer’s withdrawal of voluntary recognition of a union and rejection of its collective bargaining...

 

HTMLDoes a 100% Healed Policy Violate the ADA? What to Require of Employees Returning From Leave
Maria Greco Danaher; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
March 7, 2014, previously published on March 3, 2014
Earlier this month, the U.S. District Court for the Northern District of Illinois denied a motion to dismiss a claim filed by the Equal Employment Opportunity Commission (EEOC) on behalf of a class of individuals challenging United Parcel Service, Inc.’s leave policy. The EEOC claimed that...

 


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