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HTMLSingle Act of Disobedience Does Not Disqualify Employee From Unemployment Benefits, California High Court Rules
Gregory C. Cheng, Ameneh K. Ernst; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
July 15, 2014, previously published on July 3, 2014
On July 3, 2014, the California Supreme Court decided whether a single act of disobedience by an employee constitutes misconduct within the meaning of section 1256 of California’s Unemployment Insurance Code, thereby disqualifying the employee from receiving unemployment insurance benefits....

 

HTMLCalifornia Governor Signs Bill Giving Small Businesses Extra Time To Comply With ACA
Ameneh K. Ernst, Timothy G. Verrall; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
July 15, 2014, previously published on July 11, 2014
On July 7, 2014, Governor Jerry Brown signed legislation that will give small business owners additional time to comply with the Affordable Care Act (ACA). The bill takes effect immediately as an urgency statute.

 

HTMLData Privacy Law in the UK, Part II: Data Security and Restrictions on Data Transfers for U.S. Employers
Richard M. Linskell, Justin T. Tarka; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
July 15, 2014, previously published on July 14, 2014
The European Court of Justice’s decision in the Google case that it was required to remove links to “outdated” or “irrelevant” information about an individual has brought EU data privacy laws to the forefront of public consciousness. In part one of this three-part...

 

HTMLProper Processes Can Insulate Employer From Tortious Act of Employees
Larry D. Smith; Ogletree Deakins Nash Smoak Stewart P.C.;
Legal Alert/Article
July 15, 2014, previously published on July 8, 2014
Employers occasionally become dejected over the prospects of defending against tort and other civil claims in state courts. However, a recent case out of Houston reaffirms that employers can and do win these kinds of cases when they have implemented the appropriate policies.

 

HTMLCalifornia Supreme Court: Newspaper Carriers Can Proceed With Class Action Challenging Independent Contractor Status
Ameneh K. Ernst; Ogletree Deakins Nash Smoak Stewart P.C.;
Legal Alert/Article
July 15, 2014, previously published on July 1, 2014
On June 30, 2014, the California Supreme Court issued a decision addressing how trial courts should determine the appropriateness of class certification in cases where workers claim they were improperly classified as independent contractors. In a case brought by a group of newspaper carriers...

 

HTMLData Privacy Law in the UK, Part I: An Introduction for U.S. Employers
Richard M. Linskell, Justin T. Tarka; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
July 15, 2014, previously published on July 9, 2014
The recent high-profile decision by the European Court of Justice involving Google has highlighted the existence of stringent data privacy laws in the European Union (EU). However, although the Google decision was groundbreaking insofar as it concerned a requirement that a search engine remove...

 

HTMLNew York Legislature Passes Medical Marihuana Law
Aaron Warshaw; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
July 15, 2014, previously published on June 30, 2014
Subject to signature by Governor Andrew Cuomo, New York is set to become the twenty-third state to legalize medical marihuana. Importantly, the New York legislation is limited to non-smokable forms of marihuana. Further, the bill is initially limited to persons with the following “severe...

 

HTMLSupreme Court to Decide Paralyzed Veterans Doctrine
John F. Martin; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
July 9, 2014, previously published on June 30, 2014
When the White House goes from a Democratic president to a Republican president, or vice versa, there are often changes in various federal agencies’ directives to reflect the priorities of the current administration. These changes are often implemented by a federal agency using its power to...

 

HTMLSupreme Court Rejects Labor’s Mandatory Dues Collection Initiative in Favor of Workers’ First Amendment Rights
Hera S. Arsen; Ogletree Deakins Nash Smoak Stewart P.C.;
Legal Alert/Article
July 9, 2014, previously published on June 30, 2014
This morning, the Supreme Court of the United States held that the First Amendment of the U.S. Constitution prohibits a public-employee union from collecting an agency fee from home-care workers who do not want to join or support the union. According to the majority opinion, which Justice Alito...

 

HTMLWhat Happens When The Limitations Provision in the Plan As Applied Creates An Impossible Accrual Date?
Violet H. Borowski, Mark E. Schmidtke; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
July 9, 2014, previously published by          on June 29, 2014
Approximately six months ago, the Supreme Court of the United States, in Heimeshoff v. Hartford Life & Accident Insurance Co., 134 S. Ct. 604 (2013), addressed whether an employee benefit plan covered by the Employee Retirement Income Security Act (ERISA) may include a particular limitations...

 


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