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

 







Document(s) published by this organization: 399


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HTMLAre Pennsylvania Employers Safe to Prohibit Recordings in the Workplace?
Jessica M. Bocchinfuso, Donald D. Gamburg; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
April 6, 2016, previously published on March 11, 2016
In an age of smartphones and wearable technology, one cannot escape the possibility that he or she is being recorded at any given time. The workplace is not immune from such possibilities as employees often carry—or sometimes wear—devices with the ability to record audio and video in...

 

HTMLConnecticut Supreme Court Issues Landmark Favorable Ruling for Employers on Independent Contractor Status
William C. Ruggiero, Marc L. Zaken; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
April 6, 2016, previously published on March 15, 2016
In Standard Oil of Connecticut, Inc. v. Administrator, Unemployment Compensation Act, a case that will have significant implications for employers in Connecticut, the state’s supreme court clarified the “ABC Test,” finding that an employer is not required to pay unemployment...

 

HTMLThe First Circuit's FWW Decision and Its Impact on Oilfield Employers
Andrew P. Burnside, Alison P. Lungstrum; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
April 6, 2016, previously published on March 3, 2016
On February 12, 2016, the First Circuit Court of Appeals affirmed a lower court’s decision that an employer may use the fluctuating workweek (FWW) method to calculate overtime pay rates even when an employee’s weekly pay varies because of performance-based commissions. In Lalli v....

 

HTMLThe High Costs of Violating Puerto Rico’s Breastfeeding in the Workplace Law: Supreme Court Decides Right to Privacy Claim
Ryan J. Correia, Enrique A. Del Cueto-Perez, Diana J. Nehro; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
April 6, 2016, previously published on March 14, 2016
Protections for breastfeeding employees in Puerto Rico just became even stronger. A recent ruling from Puerto Rico’s highest court in Siaca v. Bahía Beach Resort & Golf Club, LLC, held that failing to provide a safe, private, and hygienic space for employees who are nursing to...

 

HTMLVermont Becomes Fifth State to Require Paid Sick Leave
David P. Mason; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
April 6, 2016, previously published on March 15, 2016
On March 9, 2016, Vermont Governor Peter Shumlin signed into law a measure that will make Vermont the fifth state to require employers to provide paid sick leave. Vermont’s new sick leave law bears similarities to some other states’ paid sick leave laws, but has its own unique features....

 

HTMLCan Healthcare Providers Prohibit Employees From Using Recording Devices in the Workplace?
Jana S. Baker, Jeanne Ellen Floyd, Timothy G. Verrall; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
April 6, 2016, previously published on March 14, 2016
In the wake of the National Labor Relations Board’s (NLRB) decision in Whole Foods Market, Inc., 363 NLRB No. 87 (Dec. 24, 2015), hospitals and healthcare providers will need to revisit their employee recording policies. This NLRB decision found that an employer may not adopt a work rule that...

 

HTMLSevere Delays at USCIS Create Need for Nimble Approach by Employers
Collin M. Coakley, Amy R. Dalal, Ceridwen J. Koski, Marifrances Morrison; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
April 6, 2016, previously published on March 7, 2016
U.S. Citizenship and Immigration Service (USCIS) service centers are experiencing severe delays in processing immigration cases due to an overwhelming backlog. USCIS has not publicly identified the cause of the delays or offered an explanation, but the situation is causing problems for many...

 

HTMLOregon Raises Minimum Wage
Charles E. McDonald, Jennifer A. Nelson, Emily K. O'Brian; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
April 6, 2016, previously published on March 9, 2016
Oregon’s legislature has approved a bill to raise the state’s minimum wage. Governor Kate Brown signed the bill on March 2, 2016, with increases scheduled to take effect beginning July 1, 2016.

 

HTMLSplit Ninth Circuit Decision Clarifies the Limitations of Tip Pooling
Gregory C. Cheng, Brooke S. Purcell; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
April 6, 2016, previously published on March 3, 2016
In a split 2-1 decision, the Ninth Circuit Court of Appeals ruled in Oregon Restaurant and Lodging Association v. Perez (February 2016) that its 2010 decision in Cumbie v. Woody Woo, Inc. did not prevent the U. S. Department of Labor (DOL) from implementing regulations prohibiting all...

 

HTMLWill Your Sick Leave or PTO Policy Satisfy DOL’s Paid Sick Leave Regulations for Federal Contractors?
Dara L. DeHaven, James J. Murphy; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
April 6, 2016, previously published on March 13, 2016
The web of overlapping and incongruent paid sick leave laws in the United States just grew even more complicated. On February 24, 2016, the U.S. Department of Labor (DOL) added yet another set of paid leave obligations to the growing list of paid sick leave mandates that have been adopted by states...

 


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