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HTMLFifth Circuit Declines to Clarify When an Employment Action is “Adverse” Enough to Support a Discrimination Claim
Robert E. Bettac; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
March 24, 2015, previously published on March 11, 2015
When presented with an employment discrimination claim, one of the early questions any agency or court must answer is whether the claimant has suffered an “adverse employment action.” Simply stated, even if a discriminatory motive can be shown, is the harm suffered by the claimant...

 

HTMLFurther Delay to the EU Data Protection Regulation
Simon J. McMenemy; Ogletree Deakins Nash Smoak Stewart P.C.;
Legal Alert/Article
March 24, 2015, previously published on March 4, 2015
It is a day to celebrate and raise awareness of the importance of protecting personal data, a fundamental right for everyone in the EU.

 

HTMLRevisiting Rochow: The Sixth Circuit Rejects Earlier $3.8 Million Equitable Award in Recent En Banc Decision
Violet H. Borowski, Mark E. Schmidtke; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
March 24, 2015, previously published on March 10, 2015
Just over a year ago, a panel decision by the Sixth Circuit Court of Appeals in Rochow v. Life Insurance Company of North America, 737 F.3d 415 made big news when the court upheld the district court’s award of $3.8 million in equitable relief on a theory of unjust enrichment and held that an...

 

HTMLSEC Investigating Companies’ Employment Contracts That Restrict Whistleblowing
Margaret Hutchins Campbell, Jesse C. Ferrantella; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
March 24, 2015, previously published on March 12, 2015
The U.S. Securities and Exchange Commission (SEC) may soon be investigating the agreements companies make with their employees. According to a February 25, 2015 Wall Street Journal report, the SEC has sent requests to several companies asking for years of employment contracts, nondisclosure...

 

HTMLD.C. Joins the “Ban the Box” Trend and Enacts the Fair Criminal Record Screening Amendment Act of 2014
John S. Bolesta, Amanda N. Pickens; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
March 24, 2015, previously published on March 9, 2015
The primary initiative of the “Ban the Box” nationwide campaign is to persuade employers to remove the “check box” asking applicants if they have a criminal record from their hiring applications. The purpose of the initiative is to enable former offenders to display their...

 

HTMLNLRB General Counsel Issues Aggressive Immigration Initiative-Employers Now Face Extraordinary Penalties
Bernhard Mueller, Eric C. Stuart; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
March 24, 2015, previously published on March 9, 2015
On February 27, 2015, National Labor Relations Board (NLRB) General Counsel Richard F. Griffin, Jr. injected the NLRB into the national debate regarding border security, the rights of undocumented workers and their families, and the appropriate use of taxpayer funds. In cases in which employee...

 

HTMLThe D.C. Wage Theft Law’s Next Steps: DOES Issues Notice and Template
Ogletree Deakins Nash Smoak Stewart P.C.;
Legal Alert/Article
March 24, 2015, previously published on March 3, 2015
The District of Columbia’s Wage Theft Prevention Amendment Act of 2014 (2014 WTPAA) went into effect on February 26, 2015, after completing congressional review. In an effort to promote compliance with the 2014 WTPAA, the D.C. Department of Employment Services (DOES) released some guidance...

 

HTMLEEOC FY 2014 Statistics Are Here: What Do They Mean for Employers?
Evan J. Shenkman, Evan J. Shenkman; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
March 24, 2015, previously published on February 8, 2015
The U.S. Equal Employment Opportunity Commission (EEOC) just released its fiscal year (FY) 2014 enforcement and litigation statistical report for the private sector. Presented annually, the report always contains some nuggets for employers and employment attorneys, and this year’s is no...

 

HTMLRecent Illinois Federal Court Rulings Cloud Fifield’s Bright-Line Test
Kwabena A. Appenteng, Tobias E. Schlueter; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
March 24, 2015, previously published on March 4, 2015
Two recent rulings in the Northern District of Illinois, Eastern Division and the Central District of Illinois, Peoria Division, have further blurred the “bright line” two-year consideration rule established by the Illinois First District Court of Appeals in Fifield v. Premier Dealer...

 

HTMLTurning Metrics Into Money: An Interview With Solange Charas, Ph.D.
Jathan Janove; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
March 24, 2015, previously published on March 17, 2015
Solange Charas, Ph.D. is chief executive officer (CEO) of Charas Consulting, Inc. In her career, she has served as a chief human resources officer (CHRO) and corporate board director, her research has been published in Harvard Business Review and The Corporate Board magazine, and she has appeared...

 


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