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

 







Document(s) published by this organization: 401


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HTMLWhat Constitutes “Incentive Payments” Under the Final Overtime Regulations?
Charles E. McDonald; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
June 9, 2016, previously published on June 2, 2016
In order to qualify for one or more of the white collar exemptions to the overtime requirements under the Fair Labor Standards Act (FLSA), an employee must meet three tests: (1) the salary basis test (which asks how the employee is paid), (2) the salary level test (which establishes a minimum...

 

HTMLFirst Circuit Affirms FAAAA Preemption of Massachusetts Independent Contractor Law
Michael Clarkson, Andrew E. Silvia; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
June 9, 2016, previously published on June 6, 2016
On May 11, 2016, the First Circuit Court of Appeals issued the latest of several decisions supporting and furthering federal preemption of the Massachusetts independent contractor statute for businesses that qualify as motor carriers under the Federal Aviation Administration Authorization Act of...

 

HTML“Benching” Is Not Just for Athletes: A Timely Review of H-1B Wage Requirements
Jordan C. Mendez; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
June 8, 2016, previously published on May 27, 2016
United States Citizenship and Immigration Services (USCIS) has started to notify employers of whether their H-1B petitions were selected in USCIS’s fiscal year 2017 random selection process, or “lottery,” that took place in April of 2016. Approximately 85,000 H-1B workers selected...

 

HTMLInternational Crackdown: Tax Authorities Look to Employment Structures in Initiating Audits
Rebecca L. Marks, Bonnie Puckett; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
June 8, 2016, previously published on May 26, 2016
In structuring their workforces abroad, taxes are a major driving force for employers—and if recent government initiatives are any indicator, employers should take care when considering the tax implications of their staffing decisions.

 

HTMLMassachusetts Noncompete Bill Advances, but Passage Remains Uncertain
Robert M. Shea, Andrew E. Silvia; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
June 8, 2016, previously published on May 20, 2016
In March, we reported that Massachusetts House Speaker Robert A. DeLeo had announced his support for legislative restrictions on employee noncompetition agreements, signaling a potential turning point in the long-running debate in Massachusetts over whether noncompetes should be banned or...

 

HTMLAn Ounce of Prevention: Employing Foreign National Physicians in Physician Shortage Areas
Anna Frances Angel; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
June 8, 2016, previously published on May 25, 2016
Sponsoring a waiver for a J-1 “exchange visitor” can be a good way for healthcare employers to attract talented physicians to vacancies in underserved areas. Here is an example of how the J-1 process works and can help employers and foreign national physicians alike.

 

HTMLMaryland Passes New Pay Equity Law
Mark H. Burak; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
June 8, 2016, previously published on May 25, 2016
Maryland recently passed into law sweeping revisions to its existing equal pay law. The new law, signed by Governor Hogan on May 19, 2016, will take effect on October 1, 2016. With the passage of the Equal Pay for Equal Work Act, Maryland joins California and New York in expanding pay equity...

 

HTMLNew Jersey Bills Would Burden Employers with Scheduling and Pay Rules
Richard C. Mariani, Evan J. Shenkman; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
June 8, 2016, previously published on May 23, 2016
Both the New Jersey General Assembly (A1117, reported out of committee on April 4) and Senate (S1397, introduced on February 11, 2016) have introduced bills to enact the “New Jersey Schedules That Work Act,” a law that would dramatically curtail New Jersey employers’ ability to...

 

HTMLHow Will the New Overtime Regulations Affect Healthcare Employers?
Greg Guidry; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
June 8, 2016, previously published on May 19, 2016
The long-awaited U.S. Department of Labor (DOL) regulations on the “white collar” exemptions are finally here. As per the regulations, which are to be issued on May 18, 2016, the new minimum salary level for the executive, administrative, and professional employee exemptions under the...

 

HTMLWatch Your Words: Can A Stray Comment Sink an Employer’s FMLA Defense?
Patrick M. Curran, Todd M. Torres; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
June 8, 2016, previously published on May 19, 2016
The plaintiff in Esler v. Sylvia-Reardon, Marie Esler, requested four weeks of leave in November of 2008 due to symptoms associated with a blood disorder; her employer, Massachusetts General Hospital, approved the leave. During her leave, and in accordance with her doctor’s instructions that...

 


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