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

 







Document(s) published by this organization: 443


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HTMLFiling of Police Report Accusing Coworker of Stealing Deemed Protected Activity by California Court
Christopher W. Olmsted; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
November 26, 2015, previously published on November 12, 2015
It is generally understood that an employer may not retaliate against an employee for “whistleblowing” and alerting authorities that a business has engaged in unlawful activity. Is an employee also protected against retaliation when he or she reports a coworker to the police for...

 

HTMLTexas’ Open Carry Law: 3 Steps Hotels Should Take Before the New Year
John G. Harrison; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
November 26, 2015, previously published on November 13, 2015
The Texas statute allowing the open carrying of guns by licensed holders will become effective on January 1, 2016. Prior to this effective date, Texas hotel properties should consider following these three steps in an effort to comply with the law.

 

HTMLWhen Does Termination of the Employment Relationship Violate Public Policy? The Restatement of Employment Law Offers a New Framework
Simone R. D. Francis; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
November 26, 2015, previously published on November 13, 2015
In July of 2015, the American Law Institute published the first Restatement of Employment Law. The Restatement provides a new lens through which employers, employees, and courts can evaluate the common law duties affecting the employment relationship.

 

HTMLPostcards from the R-Case Edge: Insights into Supervisory Status Issues in a Proposed Unit
Matthew J. Kelley; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
November 24, 2015, previously published on November 17, 2015
Since the new “ambush” election rules went into effect on April 14, 2015, there have been over 1,000 petitions for elections filed with the National Labor Relations Board (NLRB). Approximately 60 of those petitions have led to pre-election representation-(R-case) hearings to determine...

 

HTMLThe Push for Pay Transparency and Equity
Kiosha Hammond Dickey; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
November 24, 2015, previously published on November 17, 2015
On September 10, 2015, the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) published its final rule on pay transparency, setting a trend for states to enact legislation aimed at strengthening fair pay, pay transparency, and other legal protections in the...

 

HTMLEverything You Need to Know About New York's New FCA Guidance
Gustavo A. Suárez, Aaron Warshaw, Stephen R. Woods; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
November 24, 2015, previously published on November 13, 2015
As we previously reported, New York City’s Fair Chance Act (FCA) went into effect on October 27, 2015. On November 5, 2015, the New York City Commission on Human Rights (NYCCHR or Commission) issued long-anticipated guidance on the FCA. Although the Commission’s website indicates that...

 

HTMLCalifornia Court Rules That Employee’s Occasional Performance of Nonexempt Duties Does Not Negate Exempt Status.
Carmine Joseph Pearl; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
November 18, 2015, previously published on November 11, 2015
In an unpublished opinion, Abarca v. JK Residential Services, Inc.., No. B256488 (June 26, 2015), the California Court of Appeal, Second Appellate District, recently affirmed a trial court order rejecting a residential property manager’s misclassification and overtime claims.

 

HTMLCoffee and Tipping Do Not Mix: Fifth Circuit Rejects Behind-the-Scenes Baristas’ Tip Pooling Arrangement
Mark A. McNitzky; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
November 18, 2015, previously published on November 10, 2015
In Montano v. Montrose Restaurant Associates., Inc., 800 F.3d 186 (5th Cir. Aug. 28, 2015), the Fifth Circuit Court of Appeals reversed and remanded a decision of the Southern District of Texas in which the trial court had granted summary judgment in favor of a restaurant. The issue was whether it...

 

HTMLNew ACA Reporting: Frequently Asked Questions About Form 1095-C
Stephanie Alden Smithey, Timothy G. Verrall; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
November 18, 2015, previously published on November 12, 2015
For many employers, the employer mandate under the Affordable Care Act (ACA) is already a reality. Having now worked out some of the administrative kinks associated with providing the health plan coverage required by the mandate, employers face a new and daunting challenge: detailed reporting to...

 

HTMLAn Easing of Brazil’s Restrictive Labor Laws? Only Time Will Tell
Carolyn Ann Knox; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
November 18, 2015, previously published on November 12, 2015
Brazil’s troubled economy has been making global headlines for the past few months. After five years of growth, understood now to have largely been fueled by China’s seemingly insatiable hunger for commodities, the economy has ground to a halt and is declining to negative growth for...

 


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