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HTMLNew NC Law Clarifies Scope of Some State Law Claims for Wrongful Termination
Parker Russell Himes, Phillip J. Strach; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
April 13, 2016, previously published on March 24, 2016
On March 23, 2016, Governor Pat McCrory signed into law House Bill 2, commonly known as the Public Facilities Privacy and Security Act. The act contains a significant provision clarifying North Carolina common law in the area of wrongful termination claims brought under state law.

 

HTMLUtah Has a Bun in the Oven: Pregnancy Bill Awaits Governor’s Approval
James M. Barrett; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
April 13, 2016, previously published on March 24, 2016
The Utah State Legislature recently passed S.B. 59, a bill that would amend the Utah Antidiscrimination Act to require employers with 15 or more Utah employees to provide reasonable accommodations related to pregnancy, childbirth, breastfeeding, or related conditions. The bill is currently awaiting...

 

HTMLDepartment of Labor Issues New “Persuader” Regulations Expanding Employers’ Reporting Obligations Under LMRDA
John T. Merrell; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
April 13, 2016, previously published on March 23, 2016
On March 24, 2016, the U.S. Department of Labor (DOL) will publish new regulations expanding the obligations of employers and lawyers to report certain information to the DOL under the Labor Management Reporting and Disclosure Act of 1959 (LMRDA).

 

HTMLHistoric FCPA Settlement Reflects Increased Regulatory Focus on International Anticorruption Issues Arising from M&A Transactions
Ryan J. Correia, Diana J. Nehro; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
April 13, 2016, previously published on March 28, 2016
Most employers already know that violating the Foreign Corrupt Practices Act of 1977 (FCPA) has serious consequences, including significant fines. Those potential fines just got even heavier. On February 18, 2016, the U.S. Securities and Exchange Commission (SEC) agreed to a $795 million global...

 

HTMLAt Last . . . My Safe Harbor Guidance Has Come Along
David S. Rosner; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
April 7, 2016, previously published on March 2, 2016
At last . . . the Internal Revenue Service (IRS) finally provides mid-year safe harbor guidance. Etta James’s legendary cover of that song is fitting considering the many years that employers have waited to receive this valuable relief.

 

HTMLFirst Circuit Approves Use of FWW Method for Pay That Varies Due to Performance-Based Commissions
Andrew P. Burnside, Alison P. Lungstrum; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
April 7, 2016, previously published on March 3, 2016
The First Circuit Court of Appeals recently affirmed a lower court’s decision that an employer may use the fluctuating workweek method to calculate overtime pay rates even when an employee’s weekly pay varies because of performance-based commissions. Lalli v. General Nutrition Centers,...

 

HTMLOregon Raises Minimum Wage
Charles E. McDonald, Jennifer A. Nelson, Emily K. O'Brian; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
April 6, 2016, previously published on March 9, 2016
Oregon’s legislature has approved a bill to raise the state’s minimum wage. Governor Kate Brown signed the bill on March 2, 2016, with increases scheduled to take effect beginning July 1, 2016.

 

HTMLThe Philadelphia Ban-the-Box Poster is Here: The Ins and Outs of the Posting Requirement
Emily K. O'Brian, James R. Silvers, Stephen R. Woods; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
April 6, 2016, previously published on March 11, 2016
The Philadelphia Commission on Human Relations has released the poster employers are required to display under the new amendments to Philadelphia’s “ban the box” law, the Fair Criminal Records Screening Standards Act. The poster must be displayed as of Monday March 14, 2016, the...

 

HTMLNew STEM OPT Extension Rule Brings Welcomed Relief to Employers and International Students
Justin Coffey, Miguel A. Manna, Caroline Tang; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
April 6, 2016, previously published on March 9, 2016
On March 9, 2016, U.S. Department of Homeland Security (DHS) released an advance copy of the final rule pertaining to optional practical training (OPT) for certain students with degrees in science, technology, engineering, or mathematics (STEM). The official version of the final rule is scheduled...

 

HTMLSplit Ninth Circuit Decision Clarifies the Limitations of Tip Pooling
Gregory C. Cheng, Brooke S. Purcell; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
April 6, 2016, previously published on March 3, 2016
In a split 2-1 decision, the Ninth Circuit Court of Appeals ruled in Oregon Restaurant and Lodging Association v. Perez (February 2016) that its 2010 decision in Cumbie v. Woody Woo, Inc. did not prevent the U. S. Department of Labor (DOL) from implementing regulations prohibiting all...

 


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