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

 







Document(s) published by this organization: 341


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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...

 

HTMLConstructively Quit or Fired?—California Court Holds Employer Must Exhaust All Reasonable Alternatives
Ameneh K. Ernst; Ogletree Deakins Nash Smoak Stewart P.C.;
Legal Alert/Article
March 6, 2014, previously published on February 28, 2014
Kelley v. California Unemployment Ins. Appeals Board, B244098 (February 10, 2014): A California Court of Appeals recently upheld a trial court’s decision that an employee, who was fired for making what the employer considered unreasonable requests, is entitled to unemployment benefits. The...

 

HTMLNew York City Mayor Bill de Blasio Unveils His First State of the City Address and Budget
Aaron Warshaw; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
March 6, 2014, previously published on February 27, 2014
On February 10, 2014, New York City Mayor Bill de Blasio gave his first State of the City address and, shortly thereafter, presented his first budget for consideration by the New York City Council.

 

HTMLFired 61-Year-Old Hospital Employee Can Proceed with Age Discrimination Case, California Court Finds
Ameneh K. Ernst; Ogletree Deakins Nash Smoak Stewart P.C.;
Legal Alert/Article
March 6, 2014, previously published on February 28, 2014
Cheal v. El Camino Hospital, H036548 (January 31, 2014): In a recent decision, the California Court of Appeal held that a worker may proceed with her claim for age discrimination following her discharge from employment for allegedly poor performance. The court held that the issues to be decided at...

 

HTMLCalifornia Appellate Court Holds Substantial Motivating Factor Required in Wrongful Termination Case
Ameneh K. Ernst; Ogletree Deakins Nash Smoak Stewart P.C.;
Legal Alert/Article
March 6, 2014, previously published on February 28, 2014
Mendoza v. Western Medical Center Santa Ana, G047394 (January 14, 2014): A California Court of Appeal recently held that a retrial is necessary in the case of a gay nurse who was fired after his employer investigated his claim that his supervisor, who was also gay, sexually harassed him. The court...

 

HTMLSocial Media & Protected Activity: Not Always a Third Rail for Employers
Eric C. Stuart; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
March 6, 2014, previously published on March 4, 2014
The efforts of the National Labor Relations Board (NLRB) to expand the definition of employee activity protected by section 7 of the National Labor Relations Act (NLRA) and its aggressive prosecution of employers alleged to have violated worker rights is well chronicled. It is completely...

 

HTMLSupreme Court Expands Scope of Sarbanes-Oxley Whistleblower Liability
Jeffrey P. Dunlaevy; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
March 6, 2014, previously published on March 5, 2014
Yesterday the Supreme Court of the United States issued its opinion in Lawson v. FMR LLC, No. 12-3, holding that the whistleblower protections of the Sarbanes-Oxley Act of 2002 protect not only the employees of regulated public companies but also the employees of contractors and subcontractors of...

 

HTMLFederal Judge Approves Contractual Limitation on Time to Bring Employment Claims Under Oregon Law
James M. Barrett, Kathryn P. Roberts; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
March 6, 2014, previously published on March 4, 2014
A federal court in Oregon recently ruled that employment agreements may impose a reasonable limitation on the time period in which an employee may bring statutory and common law claims against his or her employer, even when that time period is shorter than the statute of limitations.

 

HTMLTempe City Council Broadens Anti-Discrimination Ordinance to Encompass Gay, Lesbian, Bisexual, and Transgendered Individuals
Sasha H. Meschkow, Tibor Nagy, Nonnie L. Shivers; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
March 6, 2014, previously published on February 28, 2014
On February 27, 2014, by unanimous vote, the Tempe City Council approved a proposal to expand the Tempe City Code’s anti-discrimination ordinance to prohibit discrimination in housing, employment, and public accommodation on the basis of sexual orientation and gender identity. Businesses and...

 

HTMLMichigan Employers May Soon Obtain Relief From Oppressive And Risky Wage Garnishments
Martin C. Brook; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
March 6, 2014, previously published on March 4, 2014
An order for a wage garnishment is surprisingly complex to administer and very risky for employers. For instance, if an employer does not answer a garnishment within 14 days or do any other act required by the court, it is subject to a judgment against it for the full amount of the employee’s...

 


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