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HTMLTransgender Issues in the Workplace: Navigating a Changing Legal Landscape
Kelly S. Hughes, Nonnie L. Shivers; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
November 17, 2015, previously published on November 9, 2015
Legislation prohibiting discrimination on the basis of gender identity is popping up all around the country. From California’s Senate Bill 703 prohibiting state agencies from entering into certain contracts with contractors that discriminate between employees on the basis of gender identity...

 

HTMLLabor Provisions of the Just-Released Trans-Pacific Partnership (TPP) Trade Agreement
Harold P. Coxson; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
November 13, 2015, previously published on November 5, 2015
This morning, the Obama administration released the text of the Trans-Pacific Partnership (TPP) trade agreement, setting up a bitter debate over its provisions next year. Foremost among the opponents of TPP, organized labor will closely review TPP’s “Chapter 19 ¿ Labour.”...

 

HTMLNew York’s Wage Deduction Law in Effect for Three More Years
Brian Jeffrey Gershengorn, Sonu Ray; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
November 13, 2015, previously published on November 5, 2015
On October 26, 2015, New York Governor Andrew Cuomo signed State Assembly bill A07594, extending the expiration period of 2012 amendments to New York Labor Law §193, which had permitted employers to make deductions from employee wages in circumstances otherwise deemed impermissible by the New...

 

HTMLPer Diems and the Regular Rate of Pay: What to Know for Your Overtime Calculation
Andrew P. Burnside, Jacob C. Credeur; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
November 10, 2015, previously published on November 5, 2015
The United States District Court for the Northern District of Oklahoma in Sharp v. CGG Land (U.S.) Inc., No. 14-cv-0614 (October 19, 2015), recently ruled in favor of an employer that had excluded per diem payments from a regular rate calculation under the Fair Labor Standards Act (FLSA). The...

 

HTMLIllinois Court Leaves Former Employer Without Remedy After Invalidating Its Overly Broad Restrictive Covenants
Carol A. Poplawski; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
November 10, 2015, previously published on November 5, 2015
Just days before Halloween, the Illinois Appellate Court sent a scary message to employers: We will not enforce or judicially modify your overly broad restrictive covenants! In AssuredPartners, Inc. v. Schmitt, No. 13 CH 19264 (October 26, 2015), the Illinois Appellate Court affirmed a circuit...

 

HTMLIs Your Workplace Violence Plan Ready? 5 Essential Elements of a Comprehensive Plan
Dennis A. Davis, Luther Wright; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
November 10, 2015, previously published on November 4, 2015
According to the U.S. Department of Justice, one out of every six violent crimes occurs in the workplace. These crimes include assaults, rapes, robberies, and-on rare occasions-homicides. Employees, customers, and third-party individuals are increasingly acting out in ways that devastatingly alter...

 

HTMLPresident Obama Signs the 2015 Budget Act Increasing OSHA Penalties
Melissa A. Bailey, Shontell D. Powell; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
November 10, 2015, previously published on November 3, 2015
President Obama signed the Bipartisan Budget Act of 2015 into law yesterday. The deal was negotiated quickly to avoid a default on the nation’s debt. Perhaps as a result, it includes a surprise for those with an interest in occupational safety and health: penalties imposed by the Occupational...

 

HTMLConsent Decree Sheds Light on the EEOC’s Interpretation of its Background Check Guidance
James R. Silvers; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
November 10, 2015, previously published on November 3, 2015
On September 8, 2015, BMW Manufacturing Co., LLC and the U.S. Equal Employment Opportunity Commission (EEOC) entered into a consent decree ending the EEOC’s disparate impact lawsuit over BMW’s use of criminal background checks in employment. The consent decree requires BMW to pay $1.6...

 

HTMLTrial Court’s Dismissal of Sexual-Orientation Discrimination Claim Was Proper Says Divided Missouri Court of Appeals
Andrew L. Metcalf, Eric A. Todd; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
November 9, 2015, previously published on November 2, 2015
In Pittman v. Cook Paper Recycling Corp., WD 77973 (Mo. App. W.D. Oct. 27, 2015) a divided panel of the Missouri Court of Appeals for the Western District affirmed the dismissal of an employee’s claim of discrimination based on sexual orientation under the Missouri Human Rights Act (MHRA)....

 

HTMLD.C. Commuter Benefits Are Almost Here: Employers Must Comply by January 1
Vicki M. Nielsen; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
November 9, 2015, previously published on November 2, 2015
Employers with 20 or more employees working in the District of Columbia have fewer than 90 days to comply with a new law that requires them to offer commuter benefits to employees by January 1, 2016. Washington, D.C. is one of several cities and regions that have recently passed mandatory commuter...

 


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