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HTMLThe Results Are In: The Consequences of the 2016 Elections for Labor and Employment Policy
Harold P. Coxson; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
November 17, 2016, previously published on November 09, 2016
Some may recall the scene in the movie, Network, in which actor Peter Finch launched into an angry rant on his television news show shouting "I'm as mad as hell, and I'm not going to take this anymore!" He encouraged his viewers to open their windows and shout the same protest. Soon...

 

HTMLYou Said It, Now We’re Going to Hold You to It! Hospitals Estopped from Asserting Disqualification Argument
C. Thomas Davis, Kang He; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
November 14, 2016, previously published on November 4, 2016
In theory, it is not an unfair labor practice to refuse to negotiate with a union engaged in competition with the employer—unless, of course, the employer gave the union other reasons for refusing to negotiate.

 

HTMLNevada’s Trio of Cases: State Supreme Court Resolves Questions on the Minimum Wage Amendment
Erica J. Chee, Dana B. Krulewitz; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
November 14, 2016, previously published on November 4, 2016
On October 27, 2016, the Supreme Court of Nevada issued decisions in a trio of cases resolving important questions about Nevada¿s Minimum Wage Amendment.

 

HTMLA Reminder on Voting Rules for Non-U.S. Citizens
Ann Louise Brown, Leigh N. Ganchan; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
November 9, 2016, previously published on November 1, 2016
As the 2016 presidential election approaches, election reminders abound encouraging everyone to get out and vote on November 8th. Largely focused on the importance of participation, these messages do not typically distinguish between U.S. citizens, lawful permanent residents (LPR), and individuals...

 

HTMLThe Eighth Circuit & the ADA, Part II: Must a Request for Accommodation be Explicit?
Andrew P. Burnside, Sarah Smith Kuehnel, Erin E. Williams; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
November 9, 2016, previously published on November 1, 2016
In contrast to Parker v. Crete Carrier Corporation, et al, in Kowitz v. Trinity Health, et al, No. 15-1584 (October 17, 2016), a split panel of the Eighth Circuit Court of Appeals reversed summary judgment for an employer on an Americans with Disabilities Act (ADA) claim, finding a factual dispute...

 

HTMLSixth Circuit Holds Employees’ Continuing Work Constitutes Assent to Mandatory Arbitration Agreement
Michael O. Eckard, KyraAnne Gates; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
November 9, 2016, previously published on October 27, 2016
The Sixth Circuit Court of Appeals, in an unpublished decision, recently held that under Kentucky law, merely continuing to work for an employer constitutes assent to an arbitration agreement when that agreement is a condition of employment—even if the employee has not signed an...

 

HTMLThis Is Going on Your Permanent Record: Contract Principles Applied to Student Handbook in Plagiarism Case
Lisa Kaplan; Ogletree Deakins Nash Smoak Stewart P.C.;
Legal Alert/Article
November 9, 2016, previously published on November 3, 2016
On October 24, 2016, the First Circuit Court of Appeals upheld a summary judgment decision in favor of a university in a case brought by a student who was disciplined for violating Harvard Law School’s plagiarism policy. In Walker v. President and Fellows of Harvard College, No. 15-1154 (1st...

 

HTMLConstruction One-Minute Read: Litigation Challenges With Collecting Attorneys’ Fees
Jonathan Mraunac, Randolph E. Ruff; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
November 9, 2016, previously published on October 31, 2016
It is common knowledge among construction litigators that in order for a contractor to recover attorneys’ fees from a subcontractor, the subcontract must specifically state that attorneys’ fees are recoverable. However, in litigation, the arguments impeding a contractor’s recovery...

 

HTMLThe Eighth Circuit & the ADA, Part I: Court Tips the Scale in Employer’s Favor in Suit Challenging Sleep Test for Overweight Workers
Andrew P. Burnside, Sarah Smith Kuehnel, Erin E. Williams; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
November 9, 2016, previously published on October 31, 2016
In Parker v. Crete Carrier Corporation, et al, No. 16-1371 (October 12, 2016), the Eighth Circuit Court of Appeals held that a trucking company complied with the Americans with Disabilities Act (ADA) in requiring its drivers with body mass indexes (BMI) of 35 or above to undergo in-lab sleep...

 

HTMLWhat the DOJ/FTC’s Recent “Antitrust Guidance for Human Resource Professionals” Means for Employers
Maria Greco Danaher; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
November 9, 2016, previously published on November 1, 2016
On October 20, 2016, the U.S. Department of Justice (DOJ) and the Federal Trade Commission (FTC) jointly issued a publication entitled “Antitrust Guidance for Human Resource Professionals” which, according to the opening paragraphs, is “intended to alert human resource (HR)...

 


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