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

 







Document(s) published by this organization: 417


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HTMLEleventh Circuit Overturns Decades of Precedent in Holding that Job Applicants Cannot Claim Disparate Impact Under the ADEA
Anne B. Flanegan, Kristy G. Offitt; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
November 17, 2016, previously published on November 10, 2016
Sitting en banc, the Eleventh Circuit Court of Appeals recently issued a ruling that affects whether job applicants may bring disparate impact claims in discrimination lawsuits under the Age Discrimination in Employment Act (ADEA). In Villarreal v. R.J. Reynolds Tobacco Company (October 5, 2016),...

 

HTMLWashington’s New Minimum Wage and Paid Sick Leave Become Law With Fast-Approaching Effective Dates
Adam T. Pankratz; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
November 17, 2016, previously published on November 10, 2016
With all of the votes counted, Initiative 1433, which will raise the minimum wage and require paid sick leave throughout Washington, has passed by a fairly wide margin. The first substantial increase in the minimum wage begins on January 1, 2017, while the paid sick leave requirement goes into...

 

HTMLBusiness Immigration in a Trump Administration
Jacob D. Cherry; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
November 17, 2016, previously published on November 10, 2016
Immigration was a frequent topic of conversation during the presidential campaign. With limited exceptions, however, the rhetoric generally did not encompass high-skilled business immigration. Indeed, President-elect Donald Trump’s 10-point immigration plan overwhelmingly focuses on...

 

HTMLWhen Do Construction Claims Expire in Illinois?
Jonathan Mraunac; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
November 17, 2016, previously published on November 09, 2016
When facing or asserting claims arising out of a construction project in Illinois, it is vital to understand the nuances of the statutes of limitation and repose that govern the time periods within which claimants must assert claims related to construction projects (i.e., claims against those...

 

HTMLNinth Circuit Creates Bright-Line Rule, Finds Those Who Cannot Sit for More Than Four Hours Cannot Perform Sedentary Jobs
Sean P. Nalty; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
November 17, 2016, previously published on November 08, 2016
When applying de novo review to a claim for disability benefits under a group disability policy governed by the Employee Retirement Income Security Act of 1974 (ERISA), district courts must consider all the evidence and determine if a preponderance of that evidence establishes entitlement to...

 

HTMLMarijuana Measures on the Ballot in Nine States
KyraAnne Gates, Rayna Habel Jones; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
November 17, 2016, previously published on November 07, 2016
On Tuesday, November 8, 2016, nine states will have marijuana-related measures on their ballots-five states will consider whether to legalize marijuana for recreational use and four states will vote on whether to allow medical marijuana. Given these impending state law changes, the legalization of...

 

HTMLWhat Trump's Victory Means for OSHA
John F. Martin; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
November 17, 2016, previously published on November 10, 2016
Trump’s victory in Tuesday’s Presidential election has conventional wisdom predicting that his administration will defang the Occupational Safety and Health Administration (OSHA) in several ways. One, by ending or curtailing the agency’s current policy of pushing aggressive...

 

HTMLDoes the ADA Protect a Customer Service Agent With Dissatisfied Customers? The Ninth Circuit Says No
Hera S. Arsen, Ph.D., Dawn M. Knepper; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
November 17, 2016, previously published on November 10, 2016
The Ninth Circuit Court of Appeals recently ruled against a failure-to accommodate claim brought by a customer service employee who was fired for poor performance. According to the court, the former employee, who suffered from endometriosis and headaches, was not able to show that she was qualified...

 

HTMLBeauty School (Arbitration) Dropout: Ninth Circuit Bars Belated Attempt to Arbitrate
Lisa Mireille Bowman; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
November 17, 2016, previously published on November 7, 2016
Defendants who try their hands at litigation on the merits and seek arbitration only after things don’t go their way, risk losing the right to arbitrate-as the Ninth Circuit Court of Appeals made clear in the recent case of Martin v. Yasuda . In the case, the court barred a beauty school and...

 

HTMLNew York Attorney General Answers White House’s Call: Promises Bill to Curb Non-Compete Use
Hera S. Arsen, Ph.D., Aaron Warshaw; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
November 17, 2016, previously published on November 07, 2016
On the same day that the White House released its “State Call to Action on Non-Compete Agreements,” encouraging states to adopt best practice policies in the enforcement of non-compete agreements, New York State’s Attorney General announced that he plans to introduce legislation...

 


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