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

 







Document(s) published by this organization: 411


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HTMLNew York Court of Appeals Applies Federal Impact Analysis Under State Law
Ogletree Deakins Nash Smoak Stewart P.C.;
Legal Alert/Article
May 13, 2015, previously published on April 30, 2015
Margerum v. City of Buffalo, 24 N.Y.3d 721 (N.Y. Feb. 17, 2015): The New York Court of Appeals held that, where an employer has allegedly engaged in intentional discrimination to avoid or remedy an unintentional disparate impact, liability under the New York State Human Rights Law (NYSHRL) should...

 

HTMLCalifornia Confectioner Defeats Worker’s Age Discrimination Claim
Christopher W. Olmsted; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
May 13, 2015, previously published on May 4, 2015
Armenta v. Morris National, Inc., No. B255575 (March 27, 2015): Discrimination claims often ensue after a reduction in force (RIF) because laid off employees second-guess management’s selection process. However, as seen in a recent unpublished California Court of Appeal decision, a systematic...

 

HTMLDOL “Springs” Its Part 541 Proposal for Review
Alfred B. Robinson; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
May 13, 2015, previously published on May 5, 2015
On Tuesday, May 5, 2015, the U.S. Department of Labor (DOL) announced that it had sent its draft proposed part 541 overtime regulations to the Office of the Information and Regulatory Affairs (OIRA) at the Office of Management and Budget for review. President Obama signed a presidential memorandum...

 

HTMLNew Legislation Promises More Investigations by the New York City Commission on Human Rights
Aaron Warshaw; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
May 13, 2015, previously published on April 30, 2015
On April 20, 2015, New York City Mayor Bill de Blasio signed two new bills into law that authorize the New York City Commission on Human Rights to increase the number of employment discrimination investigations.

 

HTMLAutomobile Service Advisers Are Not Exempt Under the FLSA—At Least Not According to the Ninth Circuit
Seth E. Ort; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
May 13, 2015, previously published on May 4, 2015
Navarro v. Encino Motorcars, LLC, No. 13-55323 (March 24, 2015): The plaintiffs in Navarro v. Encino Motorcars, LLC were “service advisors” at a Mercedes Benz dealership. The main duties of service advisors are to evaluate the repair needs of customers’ vehicles and then to...

 

HTMLA Single "Hitler" Comment Is Insufficient for a Title VII Retaliation Claim in the Fifth Circuit
Hera S. Arsen; Ogletree Deakins Nash Smoak Stewart P.C.;
Legal Alert/Article
May 1, 2015, previously published on April 6, 2015
The Fifth Circuit Court of Appeals recently affirmed a judgment against a City of Houston employee who claimed that he was demoted for reporting another employee’s racially offensive comment made during a workplace meeting. According to the federal appellate court, the worker had not engaged...

 

HTMLEmployers’ Demand for H-1B Visas Quickly Exceeds USCIS Cap ... Again
Lowell Sachs; Ogletree Deakins Nash Smoak Stewart P.C.;
Legal Alert/Article
May 1, 2015, previously published on April 10, 2015
As in recent years, the strong demand for H-1B visas for scientists, engineers, computer programmers, and other foreign workers in so-called “specialty occupations” again led employers in the United States to file petitions in such great quantity that they quickly exceeded the number...

 

HTMLSEC Brings First Enforcement Action Targeting Language Contained in Confidentiality Agreements
Margaret Hutchins Campbell, Jesse C. Ferrantella; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
May 1, 2015, previously published on April 1, 2015
As we reported in a previous post, “SEC Investigating Companies’ Employment Contracts That Restrict Whistleblowing,” the U.S. Securities and Exchange Commission (SEC) has been vocal about its concerns regarding the effects of confidentiality provisions on the agency’s...

 

HTMLThe WARN Act An "Employment Loss" by any Other Name Would Smell
David Lee Zwisler; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
May 1, 2015, previously published on April 3, 2015
The federal Worker Adjustment and Retraining Notification Act of 1988 (WARN Act) requires covered employers to provide affected workers 60 calendar days’ notice prior to a plant closing or a mass layoff that results in an employment loss. Whether a reduction in workers constitutes a...

 

HTMLTwo-Year Preapproved Defined Contribution Plan Window is Still Open
Christina M. Crockett; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
May 1, 2015, previously published on April 9, 2015
Retirement plan vendors sponsoring defined contribution plan documents approved by the Internal Revenue Service (IRS) have begun issuing packages containing the new IRS-approved version of those documents-reflecting the Pension Protection Act and other required regulatory updates-to employers that...

 


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