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HTMLSingle Act of Disobedience Does Not Disqualify Employee From Unemployment Benefits, California High Court Rules
Gregory C. Cheng, Ameneh K. Ernst; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
July 15, 2014, previously published on July 3, 2014
On July 3, 2014, the California Supreme Court decided whether a single act of disobedience by an employee constitutes misconduct within the meaning of section 1256 of California’s Unemployment Insurance Code, thereby disqualifying the employee from receiving unemployment insurance benefits....

 

HTMLCalifornia Supreme Court: Newspaper Carriers Can Proceed With Class Action Challenging Independent Contractor Status
Ameneh K. Ernst; Ogletree Deakins Nash Smoak Stewart P.C.;
Legal Alert/Article
July 15, 2014, previously published on July 1, 2014
On June 30, 2014, the California Supreme Court issued a decision addressing how trial courts should determine the appropriateness of class certification in cases where workers claim they were improperly classified as independent contractors. In a case brought by a group of newspaper carriers...

 

HTMLThe New Bipartisan Workforce Innovation and Opportunity Act
Harold P. Coxson; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
July 15, 2014, previously published on July 12, 2014
Who said bipartisanship is dead in Washington? It just requires the right legislation! Finally, a long-awaited jobs promotion bill was approved that aims to help train and prepare workers with the twenty-first century skills necessary for employment.

 

HTMLSeattle Increases Minimum Wage to $15.00 Per Hour
Jaime Neuman Cole, Sarah J. Evans; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
July 15, 2014, previously published on July 9, 2014
Joining Hawaii, Maryland and Connecticut, all of which have voted to gradually raise their state minimum wages to $10.10 per hour, and Massachusetts, which has voted to gradually increase its minimum wage to $11.00 per hour, Seattle has become the first city to pass a $15.00 per hour minimum wage....

 

HTMLWho Got It Right?
Lisa Karen Atkins; Ogletree Deakins Nash Smoak Stewart P.C.;
Legal Alert/Article
July 15, 2014, previously published on July 14, 2014
Gallaudet University Chief Diversity Officer Angela McCaskill’s job was to promote a diverse and inclusive university community. Not only was she the institution’s first chief diversity officer, she was the first black, deaf woman to earn a Ph.D. from Gallaudet, which was founded to...

 

HTMLData Privacy Law in the UK, Part II: Data Security and Restrictions on Data Transfers for U.S. Employers
Richard M. Linskell, Justin T. Tarka; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
July 15, 2014, previously published on July 14, 2014
The European Court of Justice’s decision in the Google case that it was required to remove links to “outdated” or “irrelevant” information about an individual has brought EU data privacy laws to the forefront of public consciousness. In part one of this three-part...

 

HTMLNew York Legislature Passes Medical Marihuana Law
Aaron Warshaw; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
July 15, 2014, previously published on June 30, 2014
Subject to signature by Governor Andrew Cuomo, New York is set to become the twenty-third state to legalize medical marihuana. Importantly, the New York legislation is limited to non-smokable forms of marihuana. Further, the bill is initially limited to persons with the following “severe...

 

HTMLSupreme Court Rejects Labor’s Mandatory Dues Collection Initiative in Favor of Workers’ First Amendment Rights
Hera S. Arsen; Ogletree Deakins Nash Smoak Stewart P.C.;
Legal Alert/Article
July 9, 2014, previously published on June 30, 2014
This morning, the Supreme Court of the United States held that the First Amendment of the U.S. Constitution prohibits a public-employee union from collecting an agency fee from home-care workers who do not want to join or support the union. According to the majority opinion, which Justice Alito...

 

HTMLIf You Can’t Stand the Heat . . .You’re Not Alone: OSHA Kicks Off its Annual Heat Illness Campaign
John F. Martin; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
July 9, 2014, previously published on July 2, 2014
On May 22, the Occupational Safety and Health Administration (OSHA) announced that it was bringing back its heat illness prevention campaign for the fourth straight year. The campaign primarily targets industries with workers exposed to the heat, such as agriculture, construction, landscape...

 

HTMLSupreme Court to Decide Paralyzed Veterans Doctrine
John F. Martin; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
July 9, 2014, previously published on June 30, 2014
When the White House goes from a Democratic president to a Republican president, or vice versa, there are often changes in various federal agencies’ directives to reflect the priorities of the current administration. These changes are often implemented by a federal agency using its power to...

 


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