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HTMLPreserving Some “Bite”: The Fourth Circuit Approves Summary Judgment for Employer in a SOX Retaliation Case
Christopher V. Anderson, Margaret Hutchins Campbell; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
June 5, 2014, previously published on May 28, 2014
As we have discussed in earlier posts, the recent trend in court decisions under the Sarbanes-Oxley Act (SOX) has been to lighten the burden on complainants and to expand the universe of cases that proceed to decisions on the merits. Consequently, the direction has been away from victories for...

 

HTMLOFCCP’s New Tricare Moratorium Directive: Delay of Game
Dara L. DeHaven; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
June 5, 2014, previously published on May 22, 2014
On March 7, 2014, the Office of Federal Contractor Compliance Programs (OFCCP) issued Directive 2014-01, TRICARE Subcontractor Enforcement Activities concerning the affirmative action obligations of subcontractors of TRICARE—a health care program of the U.S. Department of Defense that pays...

 

HTMLOSHA and the NLRB Offer Safety Whistleblower Plaintiffs a Second Bite of the Apple by Resurrecting Untimely Whistleblower Claims
Melissa A. Bailey, John S. Bolesta, Eric C. Stuart; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
June 5, 2014, previously published on May 28, 2014
In our last Workplace Safety & Health blog post, we discussed proactive steps employers can take should the Occupational Safety and Health Administration (OSHA) arrive with a union representative or community activist to inspect a nonunion worksite. On May 21, OSHA increased its emphasis on ...

 

HTMLBad Blood Makes Good Law: Minnesota Supreme Court Recognizes Tortious Interference Claim
Bruce J. Douglas; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
June 5, 2014, previously published on May 13, 2014
In Gieseke v. IDCA, Inc., et al., No. A12-0713 (March 26, 2014), the Minnesota Supreme Court ruled that “tortious interference with prospective economic advantage” is a viable claim under Minnesota law. In so holding, the court formally recognized a cause of action, which had existed in...

 

HTMLBest Practices in Employee Engagement: Interview of TIAA-CREF’s Head of Organizational Effectiveness
Jathan Janove; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
June 5, 2014, previously published on May 21, 2014
TIAA-CREF, a financial services company with over $500 billion in assets under management, has made employee engagement a priority. Its Head of Organizational Effectiveness, Josh Greenwald, agreed to share what his company does to create engaged workplace relationships.

 

HTMLRecent Board Decisions Reflect Different Styles of Dissenting
Harold P. Coxson; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
June 5, 2014, previously published on May 13, 2014
The National Labor Relations Board (NLRB) recently issued two significant decisions on the same day (May 9) that highlight contrasting methods of issuing dissents. Both decisions drew dissents from one member of the three-member panels that issued the decisions. However, in one of the cases, Durham...

 

HTMLA Snake in the Grass No More? DOL Proposes New COBRA Forms
Timothy G. Verrall; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
May 29, 2014, previously published on May 12, 2014
As part of its continuing efforts to update the sleepier corners of the employee benefits world to conform to the Patient Protection and Affordable Care Act (ACA), the U.S. Department of Labor (DOL) recently proposed new regulations of the Consolidated Omnibus Budget Reconciliation Act (COBRA) that...

 

HTMLMiners Can Prevent Fatal Accidents
Michael T. Heenan, Gwendolyn K. Nightengale; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
May 29, 2014, previously published on May 27, 2014
With a momentary lapse of attention, any of us can cause a grave accident--at home, in a vehicle, on vacation, or at work. Miners must be ever vigilant for their own safety and the safety of others. The mining industry can reduce fatalities and injuries by encouraging employees to identify,...

 

HTMLThe Women’s Economic Security Act: What Employers Need to Know
Jody A. Ward-Rannow; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
May 27, 2014, previously published on May 15, 2014
On Mother’s Day, Sunday, May 11, 2014, Governor Mark Dayton signed into law the Women’s Economic Security Act (WESA), which amends a number of Minnesota laws concerning pregnancy, nursing, parenting leave, and familial status. These laws will significantly impact employers and will...

 

HTMLUSCIS Completes Data Entry for All FY 2015 H-1B Cap Petitions
Nicole Brooks, Whitney Larson; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
May 12, 2014, previously published on May 6, 2014
On May 2, 2014, U.S. Citizenship and Immigration Services (USCIS) announced that data entry for all FY 2015 H-1B cap petitions has been completed. The agency will now begin to reject and return all H-1B cap-subject petitions that were not selected in the random selection (“lottery”)...

 


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