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

 







Document(s) published by this organization: 380


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HTMLMassachusetts Increases Minimum Wage
David P. Mason; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
July 2, 2014, previously published on June 27, 2014
On June 26, 2014, Massachusetts Governor Deval Patrick signed into law legislation that will significantly increase the state’s minimum wage for hourly and tipped workers over the next three years. The current Massachusetts minimum wage of $8.00 per hour will increase to $11.00 per hour by...

 

HTMLTwo California Appellate Decisions “Delegate” Authority From Courts to Arbitrators
Ameneh K. Ernst; Ogletree Deakins Nash Smoak Stewart P.C.;
Legal Alert/Article
July 2, 2014, previously published on June 27, 2014
Two divisions of the California Court of Appeal recently issued two significant decisions on arbitration agreements. Both courts held that a trial court lacks authority to determine the enforceability of an arbitration agreement if the agreement has a provision delegating that authority to an...

 

HTMLEmployers Are Not Required to Provide Transit Fringe Benefits—Except in California
Vicki M. Nielsen; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
July 2, 2014, previously published on June 24, 2014
Since the Golden State sometimes can be a bellwether for national trends, employers nationwide may want to keep an eye on what’s occurring in California regarding commuter benefits. Certain employers in the San Francisco Bay Area have less than six months to comply with a new law that...

 

HTMLSupreme Court Clarifies ESOP Fiduciaries’ Obligations
Hera S. Arsen, J.D., Ph.D.; Ogletree Deakins Nash Smoak Stewart P.C.;
Legal Alert/Article
July 2, 2014, previously published on June 25, 2014
On June 25, 2014, the Supreme Court of the United States ruled that a fiduciary of an “employee stock ownership plan” (ESOP) is subject to the same duty of prudence that the Employee Retirement Income Security Act (ERISA) requires of fiduciaries in general. Justice Breyer, delivering...

 

HTMLDon’t Wait Until Trial Is Over to Raise Objection As to Court’s Jurisdiction, Says California Court
Ameneh K. Ernst; Ogletree Deakins Nash Smoak Stewart P.C.;
Legal Alert/Article
July 2, 2014, previously published on June 27, 2014
Kim v. Konad USA Distribution, No. G048443 (June 12, 2014): In a recent decision, the California Court of Appeal held that an employer that waited until a trial ended to raise an objection about exhausting administrative remedies had waived its right to make the objection. The court held that the...

 

HTMLHouse Subcommittee Critiques Aggressive Agenda at National Labor Relations Board
Harold P. Coxson; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
July 2, 2014, previously published on June 24, 2014
Today, the U.S. House of Representatives Subcommittee on Health, Employment, Labor, and Pensions conducted an oversight hearing titled, “What Should Workers and Employers Expect Next From the National Labor Relations Board?” The witnesses represented labor and management perspectives.

 

HTMLDOL’s Proposed Rule Redefines FMLA’s Definition of “Spouse” to Recognize “Place of Celebration”
Nonnie L. Shivers; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
July 2, 2014, previously published on June 23, 2014
On June 20, 2014, the U.S. Department of Labor (DOL) issued a press release announcing a proposed rule extending the protections of the Family and Medical Leave Act (FMLA) to all eligible employees in legal same-sex marriages regardless of where they live. The DOL is proposing this rule in light of...

 

HTMLIRS Begins Section 409A Compliance Initiative
Vicki M. Nielsen; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
July 2, 2014, previously published on June 26, 2014
The Internal Revenue Service (IRS) is getting ready to ramp up enforcement of Section 409A of the Internal Revenue Code. The federal agency recently announced the launch of a new project to assess the level of taxpayer compliance with Section 409A-the provision that regulates nonqualified deferred...

 

HTMLEugene, Oregon Moving Ahead With Paid Sick Leave Ordinance
Sean M. Driscoll; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
July 1, 2014, previously published on June 26, 2014
Following the lead of larger cities like Portland, Seattle, and San Francisco, the City Council of Eugene, Oregon is moving ahead with plans for a mandatory sick leave ordinance. Following the presentation of a 70-page Task Force report on June 18, the Council voted to draft a formal ordinance for...

 

HTMLMSHA Initiates Enforcement Review of Elevator Safety at Cement Operations
William K. Doran; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
July 1, 2014, previously published on June 26, 2014
In the aftermath of a fatal elevator accident in February 2014 at a cement plant in Kentucky, the Mine Safety and Health Administration (MSHA) has initiated an unannounced elevator enforcement review at cement operations around the country. According to MSHA management, the specific focus of these...

 


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