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

 







Document(s) published by this organization: 365


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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...

 

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...

 

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...

 

HTMLFlorida’s New Data Breach Notification Requirements Take Effect July 1
Grant D. Petersen; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
July 2, 2014, previously published on June 27, 2014
On June 20, 2014, Florida Governor Rick Scott signed the Florida Information Protection Act of 2014 (FIPA) into law. FIPA imposes stringent new security and notice requirements on businesses and employers that maintain personal information regarding individuals, employees, and customers. FIPA...

 

HTMLCalifornia Supreme Court: Undocumented Worker May Recover Lost Wages for Period Up to Employer’s Discovery of Immigration Status
Ameneh K. Ernst, Spencer C. Skeen; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
July 2, 2014, previously published on June 27, 2014
Salas v. Sierra Chemical Co., S196568 (June 26, 2014): On June 26, the California Supreme Court issued a decision holding that federal immigration law does not preempt a California law that extends state law protections to all workers regardless of their immigration status. However, the court held...

 

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...

 

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...

 

HTMLMSHA Assistant District Manager Asserts That Competent Persons Performing Workplace Exams Are Agents of the Operator
William K. Doran; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
July 1, 2014, previously published on June 24, 2014
At a mining industry safety conference in June, an MSHA Assistant District Manager stated that the agency viewed persons that perform workplace examinations pursuant to 30 C.F.R. § 56.18002 as performing an “agent-like” function that subjects them to the same Mine Act individual...

 

HTMLFederal Court Clarifies CAFA’s Jurisdictional Amount in State PAGA Cases
Hera S. Arsen, J.D., Ph.D.; Ogletree Deakins Nash Smoak Stewart P.C.;
Legal Alert/Article
July 1, 2014, previously published on June 18, 2014
A judge of the U.S. District Court for the Central District of California recently issued a pro-employer ruling with regard to the jurisdictional minimum amount in controversy required by the Class Action Fairness Act (CAFA) of 2005-an issue that has not been resolved by the Ninth Circuit Court of...

 

HTMLSupreme Court Holds NLRB Member Recess Appointments Unconstitutional
Douglas M. Topolski; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
July 1, 2014, previously published on June 26, 2014
This morning, in National Labor Relations Board v. Noel Canning, the Supreme Court of the United States concluded that the recess appointments of former National Labor Relations Board (NLRB) members Sharon Block, Terence F. Flynn, and Richard F. Griffin, Jr. made on January 4, 2012, were...

 


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