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Ogletree Deakins Nash Smoak Stewart P.C. Document Search Results (146) Show: results per page Sort by:  | “Deferred Action for Childhood Arrivals” Initiative Effective as of August 15, 2012
Ogletree Deakins Nash Smoak Stewart P.C.;
Legal Alert/Article September 17, 2012, previously published on September 4, 2012 The initiative to defer the deportation of eligible young persons without lawful immigration status was officially implemented on August 15, 2012, when the U.S. Citizenship and Immigration Services (USCIS) began accepting applications for “deferred action.” Deferred action is a...
| | Pennsylvania Is the Latest State to Mandate E-Verify for Public Contractors
Ogletree Deakins Nash Smoak Stewart P.C.;
Legal Alert/Article September 17, 2012, previously published on September 4, 2012 In the absence of a comprehensive federal policy, employers are forced to consider whether E-Verify use is required on a state-by-state, and sometimes contract-by-contract, basis. While states like Alabama, Arizona, and Mississippi have passed laws mandating the use of E-Verify by all employers,...
| | Third Circuit Clarifies Standard for Final Certification of FLSA Collective Actions
Jocelyn A. Merced, Evan J. Shenkman; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article September 17, 2012, previously published on September 14, 2012 In Zavala v. Wal-Mart Stores, Inc., 2012 WL 3217522 (3d Cir. August 9, 2012), the Third Circuit Court of Appeals clarified the standard for final certification of a collective action under the Fair Labor Standards Act (FLSA), affirming the district court’s decision to deny final certification...
| | CA Governor Signs New Law Expanding Protection for Religious Dress and Grooming in the Workplace
Ogletree Deakins Nash Smoak Stewart P.C.;
Legal Alert/Article September 14, 2012, previously published on September 10, 2012 On September 8, 2012, California Governor Jerry Brown signed into law Assembly Bill (AB) 1964 to amend Section 12926 of the California Government Code which embodies the California Fair Employment and Housing Act. The existing law protects individuals from employment discrimination based on race,...
| | Sixth Circuit Decision Offers FICA Tax Refund Opportunities for Severance Pay
Vicki M. Nielsen; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article September 13, 2012, previously published on September 11, 2012 Any employer that implemented reductions in force or layoffs after 2008 should consider filing refund claims for the Federal Insurance Contribution Act (FICA) taxes paid on severance benefits based on a recent Sixth Circuit Court of Appeals decision. In United States v. Quality Stores, Inc., No....
| | Governor Cuomo Signs Law Loosening Strict Interpretation of Unlawful Deductions from Wages
Hema Chatlani, Cheryl M. Stanton, Aaron Warshaw; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article September 11, 2012, previously published on September 10, 2012 On September 8, 2012, Governor Andrew Cuomo signed a much-anticipated law that amends New York Labor Law § 193 by expanding the scope of permissible deductions from an employee’s wages. The new law, which will take effect on November 7, 2012, and is subject to renewal in three years,...
| | U.S. Department of State Update on Priority Dates and Demand
Sarah J. Hawk, Andrew W. Merrills; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article September 5, 2012, previously published on September 4, 2012 On June 19, 2012, Charles Oppenheim, Chief of the Immigrant Visa Control and Reporting division (Visa Office) at the U.S. Department of State (DOS), met with the American Immigration Lawyers Association (AILA) to discuss the recent EB-2 (Employment-Based, second preference) worldwide retrogression...
| | Employers Should Continue to Use Current Form I-9 After August 31, 2012
Ogletree Deakins Nash Smoak Stewart P.C.;
Legal Alert/Article September 5, 2012, previously published on September 4, 2012 On August 13, 2012, the U.S. Citizenship and Immigration Services (USCIS) announced that the Employment Eligibility Verification Form I-9 (with a revision date of August 7, 2009), the form that must be completed by all employers to verify the employment eligibility of every new hire, will continue...
| | New York Legislature Loosens Strict Interpretation of Unlawful Deductions from Wages
Ogletree Deakins Nash Smoak Stewart P.C.;
Legal Alert/Article September 5, 2012, previously published on August 27, 2012 The New York State Senate and Assembly recently passed legislation that amends New York Labor Law § 193 by expanding the scope of permissible deductions from an employee’s wages. The amendments, which are awaiting final passage by the Assembly and then Governor Andrew Cuomo’s...
| | DOL Proposes Changes to Labor Condition Application and Related Forms
Sarah J. Hawk, Andrew W. Merrills; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article September 5, 2012, previously published on September 4, 2012 The U.S. Department of Labor (DOL) recently proposed significant changes to the Labor Condition Application (LCA), ETA Form 9035, and related forms for H-1B, H-1B1, and E-3 visa petitions. The LCA, which is submitted online with the DOL, is a prerequisite to a properly-filed H-1B, H-1B1, or E-3...
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