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HTMLNew Fiduciary Regulations Require Retirement Investment Advisers to Act in Clients’ Best Interests
Preston R. Burch; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
April 24, 2015, previously published on April 23, 2015
On April 14, 2015, the U.S. Department of Labor (DOL) issued new proposed regulations that changed the definition of “fiduciary investment advice” as currently found in DOL Regulation 2510.3-21(c). These proposed rules also formally withdraw the prior proposed regulations issued in...

 

HTMLHow Retailers Are Responding to the New “Ambush Election” Rules With Employee Engagement Strategies
Diane M. Saunders; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
April 24, 2015, previously published on April 23, 2015
On April 14, 2015, the National Labor Relations Board’s “ambush election” rules went into effect, making it easier for unions to organize in the retail setting and beyond. The next day, demonstrations against retailers and hospitality employers took place throughout the country,...

 

HTMLImplied Rights in Whistleblower Policies: What DC’s Latest Ruling Means for Employers
John S. Bolesta, Jenna Mennona; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
April 23, 2015, previously published on April 13, 2015
On March 18, 2015, the U.S. District Court for the District of Columbia ruled on a motion to dismiss in a case that will have potentially serious consequences for D.C. employers that include written whistleblower and other anti-retaliation policies in their employee handbooks.

 

HTMLEmployers Obtain Relief From Oppressive and Risky Michigan Wage Garnishments
Martin C. Brook; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
April 23, 2015, previously published on April 14, 2015
A wage garnishment is a court order that assists plaintiffs with the collection of judgments. Such an order requires an entity to withhold money (i.e., wages) owed to a judgment debtor and divert it to a judgment creditor in order to satisfy the judgment debt. An order for a wage garnishment is...

 

HTMLOFCCP’s Proposed Sex Bias Rules Continue Focus on Compensation, Pregnancy Accommodation, and Gender Identity
A. Craig Cleland, Dara L. DeHaven; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
April 1, 2015, previously published on February 3, 2015
On January 28, 2015, the Office of Federal Contract Compliance Programs (OFCCP) issued a Notice of Proposed Rulemaking (NPRM) to replace the current sex discrimination guidelines. This updated rule is intended to reflect legislative changes that have occurred since the guidelines were implemented...

 

HTMLTennessee Poised to Prohibit Employers From Disciplining Employees With Firearms in Vehicles
William Rutchow; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
April 1, 2015, previously published on March 27, 2015
On March 23, 2015, the Tennessee General Assembly voted overwhelmingly to end confusion surrounding Tennessee’s “Guns in Trunks” law. Tennessee has historically allowed property owners to prohibit firearms anywhere on their property—making it a crime for even a person with a...

 

HTMLProposed Wisconsin Legislation Would Make It Easier for Employers to Enforce Restrictive Covenants
Mark A. Johnson; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
April 1, 2015, previously published on March 27, 2015
The Wisconsin legislature may soon dramatically change the law that governs restrictive covenants, making them easier to enforce.

 

HTMLNLRB General Counsel Issues Memorandum Providing Justification for Employer Rule Decisions
Donald D. Gamburg; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
April 1, 2015, previously published on March 27, 2015
Over the past several years, the National Labor Relations Board (NLRB) has aggressively redefined the landscape for employer rules contained in employee handbooks, employee policies, and/or employment agreements. Even though these decisions purportedly follow the standards established in the...

 

HTMLWill Employers Have an Affirmative Defense in EEOC Litigation? A Look at the Supreme Court’s Upcoming Decision
Hera S. Arsen, Ph.D.; Ogletree Deakins Nash Smoak Stewart P.C.;
Legal Alert/Article
March 25, 2015, previously published on March 19, 2015
In the coming months, the Supreme Court of the United States will determine the level of judicial review, if any, that will be applied to employers’ pre-litigation negotiations with the U.S. Equal Employment Opportunity Commission (EEOC) in discrimination cases. In Mach Mining, L.L.C. v....

 

HTMLFifth Circuit Declines to Clarify When an Employment Action is “Adverse” Enough to Support a Discrimination Claim
Robert E. Bettac; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
March 24, 2015, previously published on March 11, 2015
When presented with an employment discrimination claim, one of the early questions any agency or court must answer is whether the claimant has suffered an “adverse employment action.” Simply stated, even if a discriminatory motive can be shown, is the harm suffered by the claimant...

 


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