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HTMLFederal Court Upholds Louisiana Ban on Project Labor Agreements
Andrew P. Burnside; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
September 1, 2015, previously published on August 31, 2015
A federal court in the Eastern District of Louisiana recently ruled that Louisiana’s ban on project labor agreements on public works projects was neither unconstitutional nor preempted by the National Labor Relations Act (NLRA). In Southeast Louisiana Building and Construction Trades Council...

 

HTMLIndiana Employment Law Update: 5 Changes to Laws You Should Know
Brian L. McDermott, Robert F. Seidler; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
August 27, 2015, previously published on August 27, 2015
A number of significant changes to Indiana employment law took effect on July 1, 2015. These changes affected employer’s obligations in areas such as hiring, wages, discrimination, and termination. If employers have not already done so, they should review and revise their policies and...

 

HTMLChanges to Obligations for Filing H-1B Amendment Petitions Under Matter of Simeio Solutions, LLC
Vanessa Olivar, Stephen H. Smalley; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
August 25, 2015, previously published on August 24, 2015
As of August 19, 2015, full enforcement of a recent Administrative Appeals Office (AAO) decision in Matter of Simeio Solutions, LLC, 26 I&N Dec. 542 (AAO 2015) will commence.

 

HTMLNew “Living Wage Ordinance” for New Orleans City Contractors Goes Into Effect on January 1, 2016
Jacob C. Credeur; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
August 25, 2015, previously published on August 24, 2015
On August 17, 2015, New Orleans Mayor Mitch Landrieu signed a new ordinance that will require all city contractors to pay a minimum wage of $10.55 per hour to employees. The New Orleans City Council unanimously passed by the law, Ordinance Calendar No. 30,550on August 6, 2015. Known unofficially as...

 

HTMLUpdate on Local Paid Sick Leave Ordinances
Christopher G. Elko, Steven J. Luckner, Evan J. Shenkman; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
August 24, 2015, previously published on August 21, 2015
In the recently decided matter of New Jersey Business and Industry Association, et al v. City of Trenton (L-467-15, April 16, 2015), the court held that Trenton’s paid sick leave ordinance applies only to employers based in Trenton, and not to employers “whose employees have to come to...

 

HTMLFederal Appeals Court Reinstates New Federal Minimum Wage and Overtime Requirements for Home Health Care Workers Employed By Third-Party Employers
Robert R. Roginson, Carolyn E. Sieve; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
August 24, 2015, previously published on August 21, 2015
The United States Court of Appeals for the D.C. Circuit in Home Care Association of America v. Weil reinstated the U.S. Department of Labor’s regulations extending the federal minimum wage and overtime requirements for home health care workers employed by third-party employers. Today’s...

 

HTMLInability to Work Under A Particular Supervisor Is Not a Disability in California
Christopher W. Olmsted; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
August 24, 2015, previously published on August 21, 2015
In response to standard negative performance feedback from a supervisor, an employee takes a leave of absence due to stress and submits a medical note stating that the employee must be transferred to another department as an accommodation. Under California law, must a company grant such an...

 

HTMLSenate Majority Leader Introduces Bill That Would Dramatically Curtail New Jersey Employers’ Ability to Alter Work Schedules
Christopher G. Elko, Steven J. Luckner, Evan J. Shenkman; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
August 24, 2015, previously published on August 21, 2015
On May 19, 2015, New Jersey Senate Majority Leader Loretta Weinberg introduced a bill (S2933) as part of a package of legislation seeking to dramatically regulate the scheduling and compensation of employees in New Jersey. The bill, entitled the “New Jersey Schedules That Work Act,”...

 

HTMLUSCIS Final Guidance on L-1B Adjudications Offers Some Comfort—But No Cure—for Employer Concerns
Whitney Larson, Jordan C. Mendez; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
August 24, 2015, previously published on August 21, 2015
On August 17, 2015, U.S. Citizenship and Immigration Services (USCIS) released a policy memorandum aiming to clarify the standard required for L-1B specialized knowledge visas. The memorandum notably begins by reminding adjudicating officers that the L-1B visa category, which allows for the...

 

HTMLDoes the “No-Rehire” Provision in Your Settlement Agreement Restrain the Lawful Practice of a Profession?
Daniel J. Kanter; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
August 20, 2015, previously published on August 20, 2015
When resolving an employment dispute, employers often wish to include a “no-rehire” provision in the settlement agreement. In a typical no-rehire clause, the parties agree that they wish to resolve their dispute and sever any relationship they may have now or in the future. The employee...

 


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