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HTMLNew York Court of Appeals Applies Federal Impact Analysis Under State Law
Ogletree Deakins Nash Smoak Stewart P.C.;
Legal Alert/Article
May 13, 2015, previously published on April 30, 2015
Margerum v. City of Buffalo, 24 N.Y.3d 721 (N.Y. Feb. 17, 2015): The New York Court of Appeals held that, where an employer has allegedly engaged in intentional discrimination to avoid or remedy an unintentional disparate impact, liability under the New York State Human Rights Law (NYSHRL) should...

 

HTMLNinth Circuit Overturns Summary Judgment Issued in Favor of Employer in Retaliation Case
Jill V. Cartwright; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
May 13, 2015, previously published on May 4, 2015
Lukov v. Schindler Elevator Corp., No. 12-17695 (February 24, 2015): In an unpublished decision, the Ninth Circuit recently overturned summary judgment granted to an employer on the plaintiff’s retaliation claims. William Lukov worked as an elevator mechanic for Schindler Elevator...

 

HTMLCalifornia Confectioner Defeats Worker’s Age Discrimination Claim
Christopher W. Olmsted; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
May 13, 2015, previously published on May 4, 2015
Armenta v. Morris National, Inc., No. B255575 (March 27, 2015): Discrimination claims often ensue after a reduction in force (RIF) because laid off employees second-guess management’s selection process. However, as seen in a recent unpublished California Court of Appeal decision, a systematic...

 

HTMLCaltrans Liable for Failure to Properly Address Employee’s Requests for Accommodation
Nisha Verma; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
May 13, 2015, previously published on May 4, 2015
Kamali v. California Department of Transportation, No. B247756 (March 17, 2015): In an unpublished opinion, the California Court of Appeal recently upheld a jury’s verdict finding the California Department of Transportation (Caltrans) liable for failure to provide a reasonable accommodation...

 

HTMLWhen is a Background Search not a Background Search?
Maria Greco Danaher; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
May 13, 2015, previously published on May 5, 2015
The Fair Credit Reporting Act (FCRA) was enacted to insure that consumer reporting agencies act with “fairness, impartiality, and respect for the consumer’s right to privacy.” But one federal court held recently that LinkedIn’s search technology does not make that site a...

 

HTMLCalifornia Court Finds Arbitration Agreement Did Not Unlawfully Limit Judicial Review
Carmine Joseph Pearl; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
May 13, 2015, previously published on May 4, 2015
Valdez v. Santa Lucia Preserve Co., No. H040685 (March 23, 2015): In an unpublished opinion, the California Court of Appeal for the Sixth Appellate District overturned a trial court’s ruling denying an employer’s motion to compel arbitration. In applying California’s Armendariz...

 

HTMLThe WARN Act An "Employment Loss" by any Other Name Would Smell
David Lee Zwisler; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
May 1, 2015, previously published on April 3, 2015
The federal Worker Adjustment and Retraining Notification Act of 1988 (WARN Act) requires covered employers to provide affected workers 60 calendar days’ notice prior to a plant closing or a mass layoff that results in an employment loss. Whether a reduction in workers constitutes a...

 

HTMLA Single "Hitler" Comment Is Insufficient for a Title VII Retaliation Claim in the Fifth Circuit
Hera S. Arsen; Ogletree Deakins Nash Smoak Stewart P.C.;
Legal Alert/Article
May 1, 2015, previously published on April 6, 2015
The Fifth Circuit Court of Appeals recently affirmed a judgment against a City of Houston employee who claimed that he was demoted for reporting another employee’s racially offensive comment made during a workplace meeting. According to the federal appellate court, the worker had not engaged...

 

HTMLThree Tips on Avoiding Summer Internship Headaches
Diane M. Saunders; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
May 1, 2015, previously published on April 10, 2015
Spring is here and retailers across the country are considering hiring summer interns in areas such as finance, communications, marketing, merchandising, production, and public relations. Internships serve a valuable training role for students interested in retail careers, and they provide an...

 

HTMLTwo-Year Preapproved Defined Contribution Plan Window is Still Open
Christina M. Crockett; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
May 1, 2015, previously published on April 9, 2015
Retirement plan vendors sponsoring defined contribution plan documents approved by the Internal Revenue Service (IRS) have begun issuing packages containing the new IRS-approved version of those documents-reflecting the Pension Protection Act and other required regulatory updates-to employers that...

 


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