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HTMLCan Employers Discipline Employees for “Self-Help Discovery”? Massachusetts Decision Raises More Questions Than Answers
Francesco A. DeLuca, Danielle Y. Vanderzanden; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
July 28, 2016, previously published on July 5, 2016
Employers know all too well that employees sometimes help themselves to documents the employer would like to keep confidential. This is precisely why many employers require employees to sign confidentiality agreements and often impose discipline, including termination, for taking confidential...

 

HTMLMore Clarity on Expatriate Health Plans and the ACA
Jeanne Ellen Floyd, Timothy J. Stanton; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
July 28, 2016, previously published on July 11, 2016
Expatriate health plans have been surprisingly difficult to reconcile with the Affordable Care Act (ACA). Proposed regulations set to take effect in 2017 provide some useful guidance to U.S. employers that sponsor expatriate plans as they try to avoid triggering ACA penalties.

 

HTMLColorado Companies Receive Relief From Extra I-9 Recordkeeping Requirements With Repeal of State-Driven Attestation Law
Christopher L. Thomas; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
July 28, 2016, previously published on July 6, 2016
For several years, Colorado employers have been required to declare their compliance with federal I-9 requirements by completing an extra affirmation document and retain copies of verification documentation (federal law does not require employers to retain copies of the underlying verification...

 

HTMLPortland’s Ban-the-Box Law Takes Effect, Administrative Rules Provide Clarity
Gustavo A. Suárez, Jennifer Peck Woodruff; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
July 26, 2016, previously published on July 8, 2016
Portland, Oregon’s ban-the-box law, the Removing Barriers to Employment Ordinance, took effect on July 1, 2016. The ordinance prohibits most Portland employers from asking about an applicant’s criminal history or conducting a background check on an applicant until after a conditional...

 

HTMLDepartment of Homeland Security Proposes USCIS Fee Increases
Caroline Tang; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
July 22, 2016, previously published on May 19, 2016
The United States Department of Homeland Security (DHS) has proposed increasing the fees that United States Citizenship and Immigration Services (USCIS) charges for certain immigration and naturalization filings. The proposal would increase USCIS fees by a weighted average of 21 percent and add one...

 

HTMLConnecticut Passes Ban-the-Box Legislation
Kelly M. Cardin, Jennifer Peck Woodruff; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
July 21, 2016, previously published on June 8, 2016
On June 1, 2016, Connecticut Governor Dannel P. Malloy signed into law a “ban-the-box” statute, which will take effect on January 1, 2017. The law, “An Act Concerning Fair Chance Employment,” Public Act No. 16-83, prohibits covered employers from inquiring about a...

 

HTMLLGBT Antidiscrimination Provisions to Apply to Louisiana Contractors on July 1
Andrew P. Burnside, Jacob C. Credeur; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
July 14, 2016, previously published on June 30, 2016
Government contractors in Louisiana should take note of the upcoming effective date of the state’s recently-signed antidiscrimination law. In April of 2016, Louisiana Governor John Bel Edwards (D) signed Executive Order JBE 2016 - 11, which protects lesbian, gay, bisexual, and transgender...

 

HTMLOSHA Officially Increases Civil Penalties by 78 Percent
John F. Martin; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
July 14, 2016, previously published on July 1, 2016
On June 30, 2016, the U.S. Department of Labor (DOL) announced its interim final rule on Federal Civil Penalties Inflation Adjustment Act Catch-Up Adjustments. The rule was formally published in the Federal Register on July 1.

 

HTMLSeventh Circuit Voids Employee Promises to Not Pursue Wage and Hour Claims as Members of a Class or Collective Action
David F. Loeffler; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
July 14, 2016, previously published on June 27, 2016
Many employers will be surprised to learn that, under some circumstances, the National Labor Relations Act (NLRA) may regulate their ability to enter into certain contractual agreements with employees. The decision of the Seventh Circuit Court of Appeals in Lewis v. Epic Systems Corporation sets...

 

HTMLNew Colorado Law Requires Employee Access to Personnel Files
David D. Powell, Steven R. Reid; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
July 14, 2016, previously published on June 28, 2016
On June 10, 2016, Colorado Governor John Hickenlooper signed into law House Bill 16-1432. Effective January 1, 2017, the new law will require private sector employers to allow employees to access their personnel files at least once annually. The law does not apply to public sector employers (whose...

 


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