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HTMLAre We There Yet?: Do Northwestern Players Have a Union or Not?
Lisa Karen Atkins, John Richard Carrigan; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
April 29, 2014, previously published on April 23, 2014
When a Regional Director of the National Labor Relations Board (NLRB) found that scholarship football players at Northwestern University were employees entitled to vote on union representation, many media reports treated the case as a victory for the union. But as one Lawrence Peter...

 

HTMLNLRB Considers Radical Changes to Decades-Long Precedent on Deferral to Arbitration
Ursula A. Kienbaum; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
April 29, 2014, previously published on April 21, 2014
In yet another attempt to expand protection for employees under Section 7 of the National Labor Relations Act, the National Labor Relations Board (NLRB) is considering a new standard for deferral to labor arbitration that, if adopted, would significantly undermine the finality of arbitration in...

 

HTMLRhode Island General Assembly to Consider Lowering Standard for Employees to Bring Retaliation Claims
Todd M. Torres; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
April 29, 2014, previously published on April 24, 2014
The Rhode Island General Assembly is considering amending the state’s Fair Employment Practices Act (FEPA) to make it easier for employees to sue their employers for discrimination-based retaliation. Under FEPA, employees can sue their employers if they believe they were retaliated against...

 

HTMLMissouri Supreme Court Lowers Employees’ Burden of Proof in Workers’ Compensation Retaliation Claims
Jacquelyn M. Meirick; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
April 23, 2014, previously published on April 21, 2014
The Missouri Supreme Court expanded rights for injured workers on April 15, 2014, by virtue of its ruling in Templemire v. W&M Welding, Inc., No. SC 93132. Under the court’s new standard, a discharged employee alleging retaliation for filing a workers’ compensation claim need only prove...

 

HTMLEmployee Needs More Than Speculation to Support his Retaliation Claim
Maria Greco Danaher; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
April 21, 2014, previously published on April 17, 2014
To prevail on a claim of retaliation under federal law, an employee must prove that he or she engaged in a “protected activity” under an antidiscrimination statute and subsequently suffered an adverse employment action. In addition, the employee must establish that the protected...

 

HTMLCalifornia Court Gives the Green Light for Arbitration of Wrongful Termination Suit
Ameneh K. Ernst; Ogletree Deakins Nash Smoak Stewart P.C.;
Legal Alert/Article
April 21, 2014, previously published on April 16, 2014
Sanchez v. CarMax Auto Superstores California, LLC, B244772 (March 4, 2014): The California Court of Appeal recently found that an employer’s arbitration agreement and dispute resolution rules and procedures (DRRP) are not “unduly harsh, oppressive, or one-sided” even though they...

 

HTMLIllinois Supreme Court Strikes Down Eavesdropping Statute as Overly Broad
Kwabena A. Appenteng; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
April 16, 2014, previously published on April 14, 2014
The Illinois Supreme Court recently issued two opinions that together invalidated Illinois’ eavesdropping statute, 720 ILCS 5/14-2. The statute, which is part of the Illinois Criminal Code, prohibits a person from “knowingly and intentionally” using an eavesdropping device to...

 

HTMLDepressed Employee’s Vacation Leave Request Did Not Qualify For FMLA Protection
Maria Greco Danaher; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
April 16, 2014, previously published on April 9, 2014
The vacation request of an employee suffering from depression and anxiety did not qualify as a leave request under the Family and Medical Leave Act (FMLA), according to a recent decision of the Eleventh Circuit Court of Appeals. While the leave might have proven medically beneficial, the court...

 

HTMLMajor League Baseball Volunteers Are not Employees Under the FLSA
Brian Jeffrey Gershengorn, P. Kramer Rice; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
April 16, 2014, previously published on April 9, 2014
On March 26, 2014, the District Court for the Southern District of New York dismissed John Chen’s proposed Fair Labor Standards Act (FLSA) collective action against Major League Baseball (MLB) alleging that MLB had failed to pay him and all other All-Star Week FanFest volunteers the minimum...

 

HTMLFilling in the Retirement Plan Gaps for Same-Sex Couples—What It Means for Your Retirement Plan
David S. Rosner; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
April 16, 2014, previously published on April 10, 2014
Employers and participants alike have been anxiously waiting for further guidance from the Internal Revenue Service (IRS) on how marriages of same-sex couples will be treated for purposes of qualified retirement plans.

 


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