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HTMLPresident Obama Signs the 2015 Budget Act Increasing OSHA Penalties
Melissa A. Bailey, Shontell D. Powell; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
November 10, 2015, previously published on November 3, 2015
President Obama signed the Bipartisan Budget Act of 2015 into law yesterday. The deal was negotiated quickly to avoid a default on the nation’s debt. Perhaps as a result, it includes a surprise for those with an interest in occupational safety and health: penalties imposed by the Occupational...

 

HTMLIs Your Workplace Violence Plan Ready? 5 Essential Elements of a Comprehensive Plan
Dennis A. Davis, Luther Wright; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
November 10, 2015, previously published on November 4, 2015
According to the U.S. Department of Justice, one out of every six violent crimes occurs in the workplace. These crimes include assaults, rapes, robberies, and-on rare occasions-homicides. Employees, customers, and third-party individuals are increasingly acting out in ways that devastatingly alter...

 

HTMLConsent Decree Sheds Light on the EEOC’s Interpretation of its Background Check Guidance
James R. Silvers; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
November 10, 2015, previously published on November 3, 2015
On September 8, 2015, BMW Manufacturing Co., LLC and the U.S. Equal Employment Opportunity Commission (EEOC) entered into a consent decree ending the EEOC’s disparate impact lawsuit over BMW’s use of criminal background checks in employment. The consent decree requires BMW to pay $1.6...

 

HTMLPer Diems and the Regular Rate of Pay: What to Know for Your Overtime Calculation
Andrew P. Burnside, Jacob C. Credeur; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
November 10, 2015, previously published on November 5, 2015
The United States District Court for the Northern District of Oklahoma in Sharp v. CGG Land (U.S.) Inc., No. 14-cv-0614 (October 19, 2015), recently ruled in favor of an employer that had excluded per diem payments from a regular rate calculation under the Fair Labor Standards Act (FLSA). The...

 

HTMLTrial Court’s Dismissal of Sexual-Orientation Discrimination Claim Was Proper Says Divided Missouri Court of Appeals
Andrew L. Metcalf, Eric A. Todd; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
November 9, 2015, previously published on November 2, 2015
In Pittman v. Cook Paper Recycling Corp., WD 77973 (Mo. App. W.D. Oct. 27, 2015) a divided panel of the Missouri Court of Appeals for the Western District affirmed the dismissal of an employee’s claim of discrimination based on sexual orientation under the Missouri Human Rights Act (MHRA)....

 

HTMLD.C. Commuter Benefits Are Almost Here: Employers Must Comply by January 1
Vicki M. Nielsen; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
November 9, 2015, previously published on November 2, 2015
Employers with 20 or more employees working in the District of Columbia have fewer than 90 days to comply with a new law that requires them to offer commuter benefits to employees by January 1, 2016. Washington, D.C. is one of several cities and regions that have recently passed mandatory commuter...

 

HTMLCalifornia Court Upholds a Reduction of Attorneys’ Fees but Reverses a Reduction of Costs
Jill V. Cartwright; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
November 5, 2015, previously published on October 30, 2015
In a recent, unpublished opinion Myres v. San Francisco Housing Authority, a California Court of Appeal reversed a trial court’s order reducing the amount of costs a plaintiff had claimed as a result of limited success at trial.

 

HTMLNew Speaker, New Agenda—Old Problems?
Harold P. Coxson; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
November 5, 2015, previously published on October 30, 2015
It has been quite an eventful few weeks in Washington, D.C., with actions taken that perhaps will give rise to a brighter future on Capitol Hill. House Speaker John Boehner (R-OH) resigned effective October 31 amid persistent attacks from the conservative House Republican Freedom Caucus.

 

HTMLContingency Planning for the Upcoming H-1B Season
Sara E. Herbek, Miguel A. Manna; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
November 2, 2015, previously published on October 28, 2015
The H-1B non-immigrant visa allows foreign workers in certain occupations to legally live and work in the United States for a U.S. employer. In recent years, a growing number of foreign workers have applied for H-1B visas, resulting in a “cap” on the number of visas that are awarded...

 

HTMLNew York City Issues Fair Chance Act Notice Form for Criminal Background Checks
Gustavo A. Suarez, Aaron Warshaw, Stephen R. Woods; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
November 2, 2015, previously published on October 27, 2015
As we previously reported in July and June, New York City recently passed the Fair Chance Act (FCA), which becomes effective on Tuesday, October 27, 2015, and is applicable to criminal background checks.

 


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