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

 







Document(s) published by this organization: 409


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HTMLRetailers Share Struggles and Strategies in Preparing for Overtime Changes
Diane M. Saunders; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
May 27, 2016, previously published on May 3, 2016
The proposed changes to the Fair Labor Standards Act’s (FLSA) overtime rules were a hot topic on the minds of retailers at the National Retail Federation’s Committee on Employment Law meeting, which was held on April 21-22, 2016. At the conference, Elizabeth S. Washko, Office Managing...

 

HTMLFinal Policy Memorandum Provides Needed Predictability and Guidance on Job Portability Determinations
Diane M. Rish; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
May 27, 2016, previously published on May 18, 2016
On March 18, 2016, United States Citizenship and Immigration Services (USCIS) released a final policy memorandum that offers guidance on determining whether a new job is in “the same or similar occupational classification” for purposes of applying the job portability provisions of...

 

HTMLOSHA Issues New Electronic Recordkeeping Requirements and Creates a New Cause of Action for Employees
Melissa A. Bailey, Shontell D. Powell; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
May 27, 2016, previously published on May 11, 2016
The Occupational Safety and Health Administration (OSHA) has amended its recordkeeping regulation, 29 CFR Part 1904, to require many employers to submit OSHA 300 Logs, OSHA 301 forms, and OSHA 300A summaries to the agency electronically. The amendments, which will be published in the Federal...

 

HTMLCombining 10-Minute Rest Breaks May—or May Not—Be Lawful in California
Christopher W. Olmsted; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
May 27, 2016, previously published on May 9, 2016
When must rest breaks occur, and may a company allow employees to combine their rest breaks with other breaks? California’s nuanced meal and rest break rules have spawned an endless cycle of litigation, and as a recent appellate court case illustrates, the rules remain imprecise.

 

HTMLThe Defend Trade Secrets Act Is Now Law
Danielle Lee Ochs; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
May 27, 2016, previously published on May 11, 2016
On May 11, 2016, President Barack Obama signed into law the long-awaited Defend Trade Secrets Act of 2016 (DTSA), which is effective immediately. Three key features of the DTSA include: (1) the creation of a federal private right of action for trade secret misappropriation; (2) a provision...

 

HTMLLayoffs Without WARN-ing: How to Use the Unforeseeable Business Circumstance Exception
Stanley G. Schroeder; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
May 27, 2016, previously published on May 5, 2016
A recent federal trial court decision out of Delaware, In re AE Liquidation, Inc. v. Burtch, No. 14-1492-LPS (D. Del. Mar. 31, 2016), illustrates how, even in the context of a very troubled business, the Worker Adjustment and Retraining Notification (WARN) Act’s “unforeseeable business...

 

HTMLStorm Clouds and Silver Linings for Employers: An Analysis of the DOL’s Final FLSA Part 541 Regulations
Steven F. Pockrass, Alfred B. Robinson; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
May 27, 2016, previously published on May 18, 2016
The minimum salary threshold to qualify for the executive, administrative, and professional exemptions to the Fair Labor Standards Act (FLSA) will more than double on December 1, 2016, from $23,660 per year to $47,476 per year. This is the most notable—but not the only - change to the FLSA...

 

HTMLCalifornia Ruling on Website Accessibility Highlights the Need for Proactive Measures
Christopher F. Wong; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
May 27, 2016, previously published on May 4, 2016
Any business operating a website for use by customers or other members of the public should take heed of a recent California decision that found a retailer liable for violations of federal and state disability access laws based on a disabled individual’s inability to navigate a website using...

 

HTMLWhy Can’t We Be Friends? The Supreme Court Discovers an Unexpected Meeting of the Minds in Zubik v. Burwell
Hera S. Arsen, Timothy G. Verrall; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
May 26, 2016, previously published on May 16, 2016
Regardless of one’s preferred metaphor, the Supreme Court of the United States is adept at ducking, punting, and otherwise avoiding messy and socially divisive interpretive issues. Every once in a while, the parties even help the Court out. Facing the prospect of another evenly divided 4-4...

 

HTMLBe a Donor ... and Qualify for Unpaid Leave: New Wisconsin Law Goes Into Effect Soon
Keith E. Kopplin; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
May 26, 2016, previously published on May 16, 2016
Effective July 1, 2016, Wisconsin law will require covered employers to provide eligible employees with up to 6 weeks of unpaid leave in a 12-month period to undergo and recover from bone marrow or organ donation procedures. Previously, only employees of the Wisconsin state government were entitled...

 


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