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HTMLCalifornia Court Rejects Arbitration Agreement for Unconscionability
Rafael G. Nendel-Flores, Hanna Betty Raanan; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
February 17, 2016, previously published on February 12, 2016
On October 27, 2015, the California Court of Appeal, in an unpublished decision, issued yet another ruling applying the unconscionability doctrine to arbitration agreements in the employment context. In Prince v. Pletcher, B260864, a former production company employee alleged that the defendants...

 

HTMLEU Extends "Qualified" Moratorium on Enforcement Actions for Data Transfers to the U.S.
Simon J. McMenemy, Hendrik Muschal, Grant D. Petersen; Ogletree Deakins International, LLP;
Legal Alert/Article
February 16, 2016, previously published on February 4, 2016
On February 3, 2016, the Article 29 Working Party, the EU body representing the data protection authorities (DPA) of each EU member country, announced that all of the DPAs across the EU have agreed to extend the current moratorium on enforcement action regarding transatlantic data transfers until...

 

HTMLZika Virus and the Legal Issues With an Employee's Refusal to Work
Charles E. Engeman; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
February 16, 2016, previously published on February 5, 2016
It’s big news! On February 1, 2016, the World Health Organization (WHO) issued a statement declaring Zika virus to be a “Public Health Emergency of International Concern.” The WHO did not find a public health justification for restrictions on travel or trade to prevent the spread...

 

HTMLIs a Threatened Pay Cut an Adverse Action? Fifth Circuit Issues Pro-Employer Ruling in Retaliation Case
Mark A. McNitzky; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
February 16, 2016, previously published on February 8, 2016
In Brandon v. Sage Corp., the Fifth Circuit Court of Appeals affirmed a decision from the Western District of Texas granting summary judgment in favor of a truck driving school. The issue in the case concerned whether the threat of a 50 percent pay cut constituted an adverse employment action...

 

HTMLShould Your Employees Get More Sun, Surf, and Sand? A Quick Look at Unlimited Vacation Policies
Michael E. Olsen, Keith A. Watts; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
February 16, 2016, previously published on February 8, 2016
The news reports that more and more companies are moving to offer unlimited vacation time. On its face, this policy change appears to be a generous offer by employers to boost employee morale and attract top talent, but there may be other factors at play. Here is an overview of such policies and...

 

HTMLFlorida’s Workers’ Comp System Goes Back to the Future . . . at the Expense of Your Premiums
Edmund J. McKenna; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
February 15, 2016, previously published on February 9, 2016
On April 16, 2016, the Florida Supreme Court will hear another in a long line of cases brought by plaintiffs’ lawyers trying to turn the clock back on Florida’s Workers’ Compensation Law. Before 2003, employers in Florida had some of the highest insurance costs in the entire...

 

HTMLNew ‘EU-US Privacy Shield’ to replace Safe Harbour
Simon J. McMenemy, Grant D. Petersen; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
February 12, 2016, previously published on February 2, 2016
On February 2, 2016, in a meeting conducted in Brussels, the European Commission and the United States agreed on a new framework for transatlantic data flows. With all the negative connotations surrounding it, the name “Safe Harbour” has been dropped, and the new agreement will be...

 

HTMLMexico Supreme Court Upholds One-Year Cap on Back Pay
Pietro Straulino-Rodriguez, Oscar Margáin Vega; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
February 12, 2016, previously published on February 3, 2016
On January 20, 2016, the Second Chamber of Mexico’s Supreme Court, in plenary session and by a majority vote, issued a decision holding that the reformed Article 48 of the Mexican Federal Labor Law (FLL) does not violate the Mexican Constitution. Therefore, the accrual of back salaries (or...

 

HTMLInternal Confidentiality Agreements: 5 Things all Government Contractors Need to Know About the New Proposed FAR Rule
James J. Murphy; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
February 11, 2016, previously published on February 3, 2016
On January 22, 2016, the Federal Acquisition Regulatory (FAR) Council issued a Proposed Rule prohibiting government contractors from using internal confidentiality agreements to restrict employees or subcontractors from making reports of fraud, waste, or abuse to federal officials. This issue...

 

HTMLNew EEOC Retaliation Guidance Seeks to Further Stack the Deck Against Employers
Parker Russell Himes, H. Bernard Tisdale; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
February 11, 2016, previously published on February 4, 2016
On January 21, 2016, the U.S. Equal Employment Opportunity Commission (EEOC) released its proposed changes to its guidance on workplace retaliation. These changes mark the first time the EEOC has modified its guidance in nearly 20 years. The proposed changes track the EEOC’s recent efforts to...

 


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