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

 







Document(s) published by this organization: 414


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HTMLCalifornia Minimum Wage Bill Stalls in Legislature
Christopher W. Olmsted; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
September 1, 2015, previously published on August 31, 2015
A controversial bill to increase California’s minimum wage has failed to pass in the state legislature. The bill would have phased in a $3.00 per hour increase to the minimum wage rate and also would have imposed annual cost of living increases.

 

HTMLRed Flags for Homebuilders Related to DOL's Latest Guidance on Independent Contractors
Jessica M. Knapp, Charles E. McDonald, Ted D. Meyer; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
September 1, 2015, previously published on August 31, 2015
On July 15, 2015, the U.S. Department of Labor (DOL) issued an “Administrator’s Interpretation” (AI 2015-1) providing guidance on whether workers are employees or independent contractors under the Fair Labor Standards Act (FLSA). The Wage and Hour Division of the Department of...

 

HTMLNLRB Finds Joint Employer Status Can Exist Merely Based on Indirect or Potential Control
Mark G. Kisicki, Elizabeth M. Townsend; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
September 1, 2015, previously published on August 27, 2015
Overturning decades of precedent, the National Labor Relations Board (NLRB), on August 27, 2015, issued its long-awaited decision in Browning-Ferris Industries of California, Inc. d/b/a BFI Newby Island Recyclery, 362 NLRB No. 186 (August 27, 2015). The decision establishes a new standard for...

 

HTMLIndiana Employment Law Update: 5 Changes to Laws You Should Know
Brian L. McDermott, Robert F. Seidler; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
August 27, 2015, previously published on August 27, 2015
A number of significant changes to Indiana employment law took effect on July 1, 2015. These changes affected employer’s obligations in areas such as hiring, wages, discrimination, and termination. If employers have not already done so, they should review and revise their policies and...

 

HTMLNew “Living Wage Ordinance” for New Orleans City Contractors Goes Into Effect on January 1, 2016
Jacob C. Credeur; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
August 25, 2015, previously published on August 24, 2015
On August 17, 2015, New Orleans Mayor Mitch Landrieu signed a new ordinance that will require all city contractors to pay a minimum wage of $10.55 per hour to employees. The New Orleans City Council unanimously passed by the law, Ordinance Calendar No. 30,550on August 6, 2015. Known unofficially as...

 

HTMLChanges to Obligations for Filing H-1B Amendment Petitions Under Matter of Simeio Solutions, LLC
Vanessa Olivar, Stephen H. Smalley; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
August 25, 2015, previously published on August 24, 2015
As of August 19, 2015, full enforcement of a recent Administrative Appeals Office (AAO) decision in Matter of Simeio Solutions, LLC, 26 I&N Dec. 542 (AAO 2015) will commence.

 

HTMLInability to Work Under A Particular Supervisor Is Not a Disability in California
Christopher W. Olmsted; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
August 24, 2015, previously published on August 21, 2015
In response to standard negative performance feedback from a supervisor, an employee takes a leave of absence due to stress and submits a medical note stating that the employee must be transferred to another department as an accommodation. Under California law, must a company grant such an...

 

HTMLUSCIS Final Guidance on L-1B Adjudications Offers Some Comfort—But No Cure—for Employer Concerns
Whitney Larson, Jordan C. Mendez; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
August 24, 2015, previously published on August 21, 2015
On August 17, 2015, U.S. Citizenship and Immigration Services (USCIS) released a policy memorandum aiming to clarify the standard required for L-1B specialized knowledge visas. The memorandum notably begins by reminding adjudicating officers that the L-1B visa category, which allows for the...

 

HTMLSenate Majority Leader Introduces Bill That Would Dramatically Curtail New Jersey Employers’ Ability to Alter Work Schedules
Christopher G. Elko, Steven J. Luckner, Evan J. Shenkman; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
August 24, 2015, previously published on August 21, 2015
On May 19, 2015, New Jersey Senate Majority Leader Loretta Weinberg introduced a bill (S2933) as part of a package of legislation seeking to dramatically regulate the scheduling and compensation of employees in New Jersey. The bill, entitled the “New Jersey Schedules That Work Act,”...

 

HTMLFederal Appeals Court Reinstates New Federal Minimum Wage and Overtime Requirements for Home Health Care Workers Employed By Third-Party Employers
Robert R. Roginson, Carolyn E. Sieve; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
August 24, 2015, previously published on August 21, 2015
The United States Court of Appeals for the D.C. Circuit in Home Care Association of America v. Weil reinstated the U.S. Department of Labor’s regulations extending the federal minimum wage and overtime requirements for home health care workers employed by third-party employers. Today’s...

 


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