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Document(s) published by this organization: 133
Show: results per page Sort by:  | Sixth Circuit Eases Plaintiffs’ ADA Burden; Proof of “Sole” Cause No Longer Required
Josephine S. Noble; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article May 30, 2012, previously published on May 29, 2012 The Sixth Circuit Court of Appeals recently adopted the “but for” causation standard for claims brought under the Americans with Disabilities Act (ADA). According to the federal appellate court with jurisdiction in Ohio, the plain language of the ADA does not provide that a plaintiff...
| | Ninth Circuit Holds Medical Marijuana Use Not Protected Under the ADA
Nonnie L. Shivers; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article May 29, 2012, previously published on May 24, 2012 On May 21, 2012, the Ninth Circuit Court of Appeals held that because the use of medical marijuana remains illegal under federal law, the Americans with Disabilities Act (ADA) does not protect against discrimination on the basis of medical marijuana use, even if that use is in accordance with state...
| | Following U.S. Withdrawal from Iraq, Government Contractors Facing Tough Challenges from New Immigration Requirements
Carson G. Burnham, Bonnie Puckett; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article May 29, 2012, previously published on May 24, 2012 The United States’ presence in transitional Iraq resulted in many opportunities for U.S. government contractors. Since the early 2000s, a significant number of U.S. government contractors have engaged individuals to perform work in Iraq, and sponsored visas for those individuals. In recent...
| | Taking FMLA Leave Does Not Affect Employee’s Obligations Under Non-FMLA Attendance Policies
Maria Greco Danaher; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article May 23, 2012, previously published on May 21, 2012 Employment termination during an employee’s leave under the Family and Medical Leave Act (FMLA) may constitute “interference” with that leave. However, an employer typically does not violate the FMLA if it terminates an employee for failing to comply with the company’s...
| | DOL Issues Field Assistance Bulletin Clarifying Participant Fee Disclosure Rules
Tia L. Martarella; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article May 17, 2012, previously published on May 16, 2012 On October 10, 2010, the Department of Labor (DOL) published final rules requiring plan administrators to disclose certain fee and investment related information to participants and beneficiaries in participant-directed individual account plans (generally, 401(k) plans) (the Participant-Level...
| | FY 2013 H-1B Cap Likely to Be Reached in June
Ogletree Deakins Nash Smoak Stewart P.C.;
Legal Alert/Article May 17, 2012, previously published on May 15, 2012 As of May 11, 2012, U.S. Citizenship and Immigration Services (USCIS) has received a total of approximately 51,500 H-1B cap filings for employment in FY 2013: 36,700 petitions have been receipted against the “regular cap” of 65,000 and 14,800 H-1B petitions have been receipted against...
| | D.C. Court Invalidates "Ambush Election" Rule
Ogletree Deakins Nash Smoak Stewart P.C.;
Legal Alert/Article May 15, 2012, previously published on May 14, 2012 On May 14, 2012, in Chamber of Commerce et al v. NLRB, District Judge James E. Boasberg of the U.S. District Court for the District of Columbia enjoined the National Labor Relations Board's (NLRB) representation case rules (commonly referred to as the "quickie election" or "ambush...
| | Flurry of Visa Fraud-Related Lawsuits Filed Against Indian IT Firms
Ogletree Deakins Nash Smoak Stewart P.C.;
Legal Alert/Article May 1, 2012, previously published on April 30, 2012 Immigration status and working conditions are the focus of lawsuits against three of India’s largest IT outsourcing firms, Infosys Technologies, Larsen & Toubro InfoTech, and Tata Consultancy Services. Current and former employees allege that the firms engaged in visa fraud/misuse and...
| | Proposed Revisions to Form I-9, Employment Eligibility Verification
Ogletree Deakins Nash Smoak Stewart P.C.;
Legal Alert/Article May 1, 2012, previously published on April 30, 2012 On March 27, 2012, the U.S. Citizenship and Immigration Services (USCIS) published a draft of proposed revisions to Form I-9, Employment Eligibility Verification, the form that must be completed by all employers to verify the employment eligibility of every new hire.
| | No-Fault Liability Extended to Independent Contractors
Michael T. Heenan; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article May 1, 2012, previously published on April 27, 2012 The District of Columbia Circuit Court of Appeals has ruled that an independent contractor may be held liable for a violation on mine property even if the contractor was not at fault. This unprecedented ruling affirms a decision of the federal Mine Safety Review Commission in Ames Construction,...
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