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HTMLFY 2016 H-1B Cap Petition Not Selected: What Are the Options?
Sara E. Herbek, Lowell Sachs; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
June 16, 2015, previously published on May 29, 2015
Most “new” H-1B petitions must be counted against an annual H-1B cap. This limit, or “cap,” administered by the U.S. Citizenship and Immigration Services (USCIS), is currently set at 65,000 plus an additional 20,000 reserved for those who hold an advanced degree from a U.S....

 

HTMLHang Up After Hours? The Spring 2015 Regulatory Agenda Tackles This and Other Overtime Issues
Alfred B. Robinson; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
June 16, 2015, previously published on June 5, 2015
On Thursday, May 21, 2015, the White House, through its executive branch and other federal agencies, issued the Spring 2015 edition of the Semiannual Regulatory Agenda. Published twice a year, the agencies’ regulatory agendas provide an outlook on regulatory activity, identify agency...

 

HTMLMissouri Supreme Court “Calls an Audible,” Upholds Arbitration Agreement
Andrew L. Metcalf, James M. Paul; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
June 16, 2015, previously published on June 11, 2015
In recent years, Missouri courts have seemed reluctant to enforce arbitration agreements entered into between employers and employees. But in a recent decision, the Missouri Supreme Court reversed that trend and compelled arbitration of an employee’s age-discrimination claim. The...

 

HTMLRetaliation in the Fourth Circuit: Recent Decision Creates New Challenges for Employers
Tevis Marshall; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
June 16, 2015, previously published on June 8, 2015
In May 2015, the Fourth Circuit Court of Appeals (which has jurisdiction over federal courts in Maryland, West Virginia, Virginia, North Carolina, and South Carolina) issued an opinion with negative consequences for employers facing claims of retaliation. In Foster v. University of Maryland-Eastern...

 

HTMLProjected Impact of the Upcoming Overtime Rules On Retail and Hospitality
Diane M. Saunders; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
June 16, 2015, previously published on June 10, 2015
As we await the issuance of new federal overtime regulations, employers in the retail and hospitality industries may be interested in the recent National Retail Federation (NRF) report, “Rethinking Overtime.” The NRF report includes the results of a study conducted by Oxford Economics...

 

HTMLNew Texas “Open Carry” Legislation On Its Way to Becoming Law
Stephen J. Quezada; Ogletree Deakins Nash Smoak Stewart P.C.;
Legal Alert/Article
June 16, 2015, previously published on June 10, 2015
The Texas House of Representatives recently passed legislation (H.B. 910) that will allow holders of a concealed handgun license to carry holstered handguns in plain view. The Texas Senate passed its version of the “open carry” law (S.B. 17) in April 2015. The bills will proceed to...

 

HTMLAAO Guidance Clarifies That Worker Mobility May Come at a Cost
Miguel A. Manna, Lowell Sachs; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
June 16, 2015, previously published on May 29, 2015
In a move likely to elicit equal parts appreciation and exasperation among the employer community, U.S. Citizenship and Immigration Services (USCIS) issued guidance on the need to file an amended H-1B petition when there is a change in worksite locations. The guidance, which was issued on May 21,...

 

HTMLOSC “Pattern and Practice” Investigations to Continue
Jacob D. Cherry; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
June 16, 2015, previously published on May 29, 2015
Over the past few years, the number of employer investigations—and perhaps more noteworthy, the amount of the penalties assessed—by the Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC) has steadily increased. All indications suggest that this trend...

 

HTMLPending California Bill May Cure Sick Pay Law
Christopher W. Olmsted; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
June 16, 2015, previously published on June 4, 2015
Mere weeks before sick pay becomes mandatory in California, the state legislature is racing to cure what is ailing employers. Beginning on July 1, 2015, the Healthy Workplaces, Healthy Families Act of 2014 (HWHFA) will obligate employers in California to offer sick pay to employees in nearly every...

 

HTMLCalifornia Employers Take the Heat . . . of new Revised Heat Illness Standards
Hera S. Arsen; Ogletree Deakins Nash Smoak Stewart P.C.;
Legal Alert/Article
June 16, 2015, previously published on June 5, 2015
On April 7, 2015, the California Department of Industrial Relations (DIR) and the state safety and health agency announced that the current heat illness prevention regulation has been amended. The Office of Administrative Law approved the state Occupational Safety & Health Standards...

 


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