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HTMLGAO Report Finds Weaknesses in OFCCP Compliance Evaluations
Hera S. Arsen, Leigh M. Nason; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
September 28, 2016, previously published on September 23, 2016
On September 22, 2016, the U.S. Government Accountability Office (GAO) released a report evaluating the U.S. Department of Labor’s (DOL) Office of Federal Contract Compliance Programs (OFCCP). The report, entitled “Equal Employment Opportunity: Strengthening Oversight Could Improve...

 

HTMLLawsuit Challenges OSHA’s “Union Walk Around Rule”
John F. Martin; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
September 23, 2016, previously published on September 14, 2016
On September 8, the National Federation of Independent Business (NFIB) filed a federal court complaint in Dallas, seeking to strike down what has become known as the U.S. Occupational Safety and Health Administration’s (OSHA) “union walk around rule.” The lawsuit seeks a...

 

HTMLThe Early Bird Catches the Worm: Delaying Motion to Compel Arbitration Can Waive Right to Arbitration in California
Hanna Betty Raanan; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
September 23, 2016, previously published on September 21, 2016
On June 16, 2016, a California Court of Appeal, in an unpublished decision, issued yet another ruling applying the doctrine of waiver to arbitration agreements in the employment litigation context. In Ogannesian v. ICC Collision Centers, Inc., a defendant waited eight months after responding to a...

 

HTMLI’m an Ontario Employer - What Workplace Policies Do I Need to Have?
Michael Comartin; Ogletree Deakins International, LLP;
Legal Alert/Article
September 23, 2016, previously published on September 20, 2016
There are various workplace policies that a provincially-regulated Ontario employer must have as a matter of law (the vast majority of employers are provincially-regulated). There are other policies that, while not mandatory, are highly desirable for an employer to develop. Failing to have adequate...

 

HTMLSeptember Surprise? Two Federal Lawsuits Attack the Validity of the New FLSA Overtime Rule
Maria Greco Danaher; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
September 23, 2016, previously published on September 20, 2016
The effective date for the revisions to the U.S. Department of Labor (DOL) overtime regulations is less than 80 days away, and employers continue to struggle with the challenges created by changes to the existing rule. On September 20, 2016, two disparate groups filed two federal court lawsuits,...

 

HTMLNew Massachusetts Amendments Related to Gender Identity Discrimination Go Into Effect October 1: What Massachusetts Employers Should Know
Katherine G. Rigby, Todd M. Torres; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
September 23, 2016, previously published on September 15, 2016
The Massachusetts Legislature recently amended the General Laws of Massachusetts, Chapter 272 (M.G.L. ch. 272), to prohibit discrimination in places of public accommodation based on an individual’s gender identity. The amendments become effective October 1, 2016.

 

HTMLU.S. Business Visitors Using the Visa Waiver Program May Soon Be Asked for Social Media Information
Maria Fernanda Gandarez, Matthew J. Kolodziej; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
September 23, 2016, previously published on September 15, 2016
The federal government has proposed a new rule requiring that applicants for the Visa Waiver Program (VWP)-which allows citizens of certain countries to enter the United States without visas-be asked to voluntarily disclose their social media accounts in order to allow U.S. Customs and Border...

 

HTMLNLRB Restricts Employers’ Ability to Reach Consent Settlement Agreements
Sarah M. Rain, Cory E. Ridenour; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
September 23, 2016, previously published on September 15, 2016
In United States Postal Service, 364 NLRB No. 116 (August 27, 2016), the National Labor Relations Board (NLRB) overturned long-standing precedent by ruling that an administrative law judge (ALJ) may accept a proposed unilateral settlement only if its terms provide for a “full remedy.”...

 

HTMLAlabama’s Restrictive Covenants Statute: New Insight on Retroactivity, Employee Training, and the Blue Pencil Rule
James A. Patton; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
September 23, 2016, previously published on September 16, 2016
Alabama’s new restrictive covenant statute became effective on January 1, 2016. Recently published committee comments clarified certain provisions of the law. The following briefly summarizes the final committee comments relating to three significant provisions of the new law.

 

HTMLNew Forms Offer Flexibility for Employees Seeking Maternity Leave in Mexico
Ana Paula Delsol Espada, Stefano Sandoval Malori, Pietro Straulino-Rodriguez; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
September 23, 2016, previously published on September 14, 2016
Pursuant to the November 30, 2012, amendment to the Mexican Federal Labor Law (FLL) that took effect on December 1 of the same year (the “Reform”), the FLL incorporated, among other things, changes in the law focused on maternity disability periods.

 


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