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

 







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HTML‘Tis the (Retail) Season, Part II: Conducting Background Checks on Seasonal Workers
Gustavo A. Suárez; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
December 4, 2014, previously published on November 21, 2014
During the upcoming holiday season, many companies—especially those with retail operations—will be looking to expand their available workforce by hiring seasonal workers. Unfortunately, many of these temporary workers will be hired without much scrutiny. Although this approach is...

 

HTML‘Tis the (Retail) Season, Part I: OSHA’s Tips for a Safe Black Friday
Diane M. Saunders; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
December 4, 2014, previously published on November 20, 2014
In advance of the holiday season, the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) is reminding retail employers to take precautions to prevent workplace injuries during major sales events, including Black Friday. According to a news release issued by OSHA...

 

HTMLExecutive Action on Business Immigration
Jacquelyn P. Maroney; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
December 4, 2014, previously published on November 20, 2014
President Obama has officially announced his plan for a series of executive actions on immigration. While the national discussion is largely focused on illegal immigration, the president’s plan impacts the business community by changing certain aspects of employment-based legal immigration...

 

HTMLRetailers Can Avoid Holiday Headaches in New England by Complying With Holiday Pay Laws
Diane M. Saunders, Todd M. Torres; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
December 3, 2014, previously published on November 25, 2014
In addition to the restrictions on opening in certain New England states, retailers with stores in Massachusetts and Rhode Island should also be aware of their obligation to pay their employees holiday pay (i.e., one-and-one-half of their regular rate) for working on state holidays (as well as on...

 

HTMLTo Be Or Not To Be: Mooting Rule 23 Class Actions Through Rule 68 Offers of Judgment
Diane M. Saunders; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
December 3, 2014, previously published on November 25, 2014
The use of Rule 68 offers of judgment to moot the claims of plaintiffs in the Fair Labor Standards Act (FLSA) collective action context has received much attention recently as the courts consider defendants’ use of this strategy in the wake of the Supreme Court of the United States’...

 

HTMLAdministration Publishes Fall 2014 Unified Regulatory Agenda
Harold P. Coxson, Christina M. Crockett, Alfred B. Robinson, David S. Rosner; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
December 3, 2014, previously published on November 26, 2014
We expect 2015 to be a very busy year for actions on new or proposed federal regulations in the absence of congressional legislation. That was confirmed on November 21, 2014, when the administration published its “Unified Regulatory Agenda for Fall 2014” (Fall 2014 Regulatory Agenda)...

 

HTMLACA Fees, and Forms, and Delays, Oh My!
Stephanie Alden Smithey; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
December 3, 2014, previously published on November 21, 2014
In the latest round of delays under the Affordable Care Act (ACA), the Employee Benefits Security Administration recently announced that the deadline for health plans to provide enrollment information to the transitional reinsurance program has been extended to December 5, 2014.

 

HTML‘Tis the (Retail) Season, Part III: Five Tips for Hiring Seasonal Workers
Kelly S. Hughes; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
December 3, 2014, previously published on November 25, 2014
It’s that time of year once again! Retailers are gearing up for the holidays and hiring seasonal workers in droves. Unfortunately, the flurry of activity and the common misperception that seasonal workers have a different employment status because they are “temporary” workers can...

 

HTMLCourt Enforces Five-Year Noncompete Agreement in Connection With Sale of Business
Lawrence D. Smith; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
December 3, 2014, previously published on November 26, 2014
Employers drafting and seeking to enforce noncompete agreements struggle with structuring the temporal and geographic scope of the proposed noncompete covenant. The Texas Supreme Court has wrestled over the last few years to define the boundaries of when noncompete covenants can be enforced against...

 

HTMLNew ACA Guidance Permits Employer-Initiated Measurement Period Changes
Christina M. Crockett; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
December 3, 2014, previously published on November 26, 2014
The Internal Revenue Service (IRS) recently released Affordable Care Act (ACA) guidance addressing how to determine full-time status when an employee’s measurement period changes. The guidance, IRS Notice 2014-49, introduces a proposed method for applying the look-back measurement period in...

 


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