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HTMLMissouri Supreme Court “Calls an Audible,” Upholds Arbitration Agreement
Andrew L. Metcalf, James M. Paul; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
June 16, 2015, previously published on June 11, 2015
In recent years, Missouri courts have seemed reluctant to enforce arbitration agreements entered into between employers and employees. But in a recent decision, the Missouri Supreme Court reversed that trend and compelled arbitration of an employee’s age-discrimination claim. The...

 

HTMLFY 2016 H-1B Cap Petition Not Selected: What Are the Options?
Sara E. Herbek, Lowell Sachs; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
June 16, 2015, previously published on May 29, 2015
Most “new” H-1B petitions must be counted against an annual H-1B cap. This limit, or “cap,” administered by the U.S. Citizenship and Immigration Services (USCIS), is currently set at 65,000 plus an additional 20,000 reserved for those who hold an advanced degree from a U.S....

 

HTMLTips for Lawfully Hiring Teenagers for Summer Jobs in California
Christopher W. Olmsted; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
June 16, 2015, previously published on June 9, 2015
Summer is almost here and many teenagers will be hitting the workforce to earn a few extra dollars. Companies that hire teenagers should be aware that state and federal law restricts the employment of minors or “child labor.”

 

HTMLRetaliation in the Fourth Circuit: Recent Decision Creates New Challenges for Employers
Tevis Marshall; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
June 16, 2015, previously published on June 8, 2015
In May 2015, the Fourth Circuit Court of Appeals (which has jurisdiction over federal courts in Maryland, West Virginia, Virginia, North Carolina, and South Carolina) issued an opinion with negative consequences for employers facing claims of retaliation. In Foster v. University of Maryland-Eastern...

 

HTMLOSC “Pattern and Practice” Investigations to Continue
Jacob D. Cherry; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
June 16, 2015, previously published on May 29, 2015
Over the past few years, the number of employer investigations—and perhaps more noteworthy, the amount of the penalties assessed—by the Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC) has steadily increased. All indications suggest that this trend...

 

HTMLPending California Bill May Cure Sick Pay Law
Christopher W. Olmsted; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
June 16, 2015, previously published on June 4, 2015
Mere weeks before sick pay becomes mandatory in California, the state legislature is racing to cure what is ailing employers. Beginning on July 1, 2015, the Healthy Workplaces, Healthy Families Act of 2014 (HWHFA) will obligate employers in California to offer sick pay to employees in nearly every...

 

HTMLThe New Highest Minimum Wage in the Country: Emeryville Expected to Reach $16 Per Hour by 2020
Hera S. Arsen, Brooke S. Purcell; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
June 16, 2015, previously published on June 5, 2015
As of this week’s vote, the small California city of Emeryville, which is located in San Francisco’s Bay Area, is slated to have one of the highest minimum wage rates in the country. As expected, on June 2, 2015, the Emeryville City Council voted unanimously in favor of a minimum wage...

 

HTMLSupreme Court Rules Employer’s Motive (Not Knowledge) Decides Disparate-Treatment Claims
Hera S. Arsen; Ogletree Deakins Nash Smoak Stewart P.C.;
Legal Alert/Article
June 16, 2015, previously published on June 1, 2015
On June 1, 2015, the Supreme Court of the United States decided whether an employer’s obligations under Title VII of the Civil Rights Act of 1964 are triggered only when an applicant has informed the employer of his or her need for an accommodation of a religious practice. In an 8-to-1...

 

HTMLAAO Guidance Clarifies That Worker Mobility May Come at a Cost
Miguel A. Manna, Lowell Sachs; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
June 16, 2015, previously published on May 29, 2015
In a move likely to elicit equal parts appreciation and exasperation among the employer community, U.S. Citizenship and Immigration Services (USCIS) issued guidance on the need to file an amended H-1B petition when there is a change in worksite locations. The guidance, which was issued on May 21,...

 

HTMLHang Up After Hours? The Spring 2015 Regulatory Agenda Tackles This and Other Overtime Issues
Alfred B. Robinson; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
June 16, 2015, previously published on June 5, 2015
On Thursday, May 21, 2015, the White House, through its executive branch and other federal agencies, issued the Spring 2015 edition of the Semiannual Regulatory Agenda. Published twice a year, the agencies’ regulatory agendas provide an outlook on regulatory activity, identify agency...

 


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