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HTMLUSCIS Completes Data Entry for All FY 2015 H-1B Cap Petitions
Nicole Brooks, Whitney Larson; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
May 12, 2014, previously published on May 6, 2014
On May 2, 2014, U.S. Citizenship and Immigration Services (USCIS) announced that data entry for all FY 2015 H-1B cap petitions has been completed. The agency will now begin to reject and return all H-1B cap-subject petitions that were not selected in the random selection (“lottery”)...

 

HTMLEmployee Not Entitled to Compensation for Time Spent Commuting to and from Job Sites and Home in Company Vehicle While Carrying Company Tools
Kelly M. Cardin, Steven P. Cuff, John G. Stretton, Marc L. Zaken; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
May 9, 2014, previously published on May 5, 2014
In a recent decision, the Connecticut Supreme Court found that a plumbing foreman was not entitled to compensation for the time he spent commuting to and from job sites and his home at the beginning and end of his workday, even though he used a company vehicle and carried his employer’s tools...

 

HTMLWill the Star Quarterback Be Sacked by the Taxman?
Lisa Karen Atkins, John Richard Carrigan; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
May 9, 2014, previously published on May 6, 2014
On March 26, 2014, a regional director of the National Labor Relations Board (NLRB) decided scholarship football players at Northwestern University are employees because they “perform services for the benefit of the employer for which they receive compensation.” A main factor in the...

 

HTMLHow to Be Prepared if a Non-Employee Union Agent Shows Up with OSHA at an Inspection
Melissa A. Bailey, Shontell D. Powell; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
May 9, 2014, previously published on May 5, 2014
As we discussed in a previous post, the Occupational Safety and Health Administration (OSHA) issued an interpretation letter last year stating that non-employee union organizers or community activists could “represent” employees at non-union workplaces during OSHA inspections....

 

HTMLBut You’re Not a Person of Color—You’re Asian
Gillian P. Yee; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
May 6, 2014, previously published on May 2, 2014
Growing up in an affluent, mostly white suburb of Detroit, I never really embraced my diversity. I knew that I was different from my schoolmates and friends, but I didn’t think much about it. Sure, I took Chinese lessons every week in Canada and had a cool mom who came in every year for...

 

HTMLObama Administration Releases Names of Colleges and Universities Facing Sexual Assault Investigations
Stuart D. Tochner; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
May 6, 2014, previously published on May 2, 2014
On May 1, the U.S. Department of Education released the names of 55 colleges and universities being investigated for their handling of sexual assault complaints.

 

HTMLNLRB Moves to Permit Employees’ Use of Company Email Systems for Union Organizing and Other Section 7 Rights
Christopher R. Coxson, Evan J. Shenkman; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
May 6, 2014, previously published on May 1, 2014
Close observers of the National Labor Relations Board (NLRB) in recent years had long expected the Board to one day revisit—and, possibly, overrule—Register-Guard, 351 NLRB 1110 (2007), the landmark NLRB opinion holding that employees do not have a statutory right to use their union or...

 

HTMLFederal Minimum Wage Bill In The Forefront of This Year’s Election Agenda
Alfred B. Robinson; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
May 5, 2014, previously published on April 29, 2014
A bill to increase the federal minimum wage to $10.10 per hour is about to take center stage in the U.S. Senate as this year’s election agenda continues to take shape. Specifically, the Senate will take a procedural vote to determine whether it will debate S. 2223, the Minimum Wage Fairness...

 

HTMLCalifornia Court Finds Employers Can Seek Evaluation After Employee Returns From FMLA Leave
Ameneh K. Ernst; Ogletree Deakins Nash Smoak Stewart P.C.;
Legal Alert/Article
May 5, 2014, previously published on April 30, 2014
White v. County of Los Angeles, B243471 (April 15, 2014): In a recent decision, the California Court of Appeal held that an employer can seek a second opinion of an employee’s fitness for duty after the employee returns from leave under the Family and Medical Leave Act (FMLA). In reversing a...

 

HTMLNational Implications From Settlement of High-Profile Employee Raiding Case
Thomas M. McInerney; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
May 5, 2014, previously published on April 26, 2014
Four major Silicon Valley-based tech companies—Apple, Google, Intel, and Adobe Systems—announced a settlement on Thursday, April 24, in a closely-watched lawsuit accusing them of conspiring to hold down salaries in the tech industry, just weeks before the case was scheduled to go to...

 


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