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HTML“Ambush” Election Challenge Fails in Federal Court
Hera S. Arsen; Ogletree Deakins Nash Smoak Stewart P.C.;
Legal Alert/Article
June 24, 2015, previously published on June 22, 2015
A federal judge in Texas recently ruled in favor of the National Labor Relations Board (NLRB) in a case challenging the Board’s “ambush” election rules. The lawsuit, Associated Builders and Contractors of Texas, Inc. v. National Labor Relations Board, No. 1:15-cv-00026 (June 1,...

 

HTMLNew York Federal Courts Increasingly Scrutinize Excessive Attorneys’ Fees in Wage and Hour Class and Collective Actions
Seth D. Kaufman; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
June 24, 2015, previously published on June 17, 2015
In what is becoming oft-cited language, U.S. District Judge William H. Pauley III of the Southern District of New York recently stated regarding the Fair Labor Standards Act that,

 

HTMLOFCCP Files Suit Against Federal Subcontractor Staffing Agency for Alleged Discrimination and Harassment
Janet Q. Lewis; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
June 24, 2015, previously published on June 18, 2015
In a complaint filed on June 17, 2015, OFCCP alleges that a staffing agency that supplies laborers to work for federal prime construction contractors at the prime contractors’ construction sites, permitted the prime contractors’ supervisors to harass the staffing agency’s Hispanic...

 

HTMLNew Amendment to the Federal Labor Law in Mexico Raises Minimum Age for Employment
Rodolfo Giles Salgado, Pietro Straulino-Rodriguez; Ogletree Deakins Nash Smoak Stewart P.C.;
Legal Alert/Article
June 24, 2015, previously published on June 17, 2015
On June 12, 2015, a new amendment to the Federal Labor Law (FLL) was published in the Official Gazette, increasing the minimum age for employment from 14- to 15-years-old.

 

HTMLOregon Tightens Restrictions on Noncompetition Agreements
Sean M. Driscoll; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
June 24, 2015, previously published on June 18, 2015
Oregon strictly regulates the use of noncompetition agreements by statute, generally limiting them to (a) exempt employees earning more than the median income for a family of four (approximately $74,000 currently), and (b) conditioning enforceability on a “bona fide advancement” or an...

 

HTMLNinth Circuit Holds No Status Quo Obligation During First Contract Negotiations Under Railway Labor Act
Todd C. Duffield; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
June 24, 2015, previously published on June 17, 2015
On June 8, 2015, in International Brotherhood of Teamsters, Airlines Division v. Allegiant Air, LLC, No. 14-16465 (June 8, 2015), the Ninth Circuit Court of Appeals ruled that under the Railway Labor Act (RLA), employers are not precluded from unilaterally changing working conditions during...

 

HTMLNew York City Moves to “Ban the Box” on Criminal Background Checks in Job Applications
Sonu Ray, Aaron Warshaw, Stephen R. Woods; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
June 19, 2015, previously published on June 12, 2015
On June 10, 2015, the New York City Council passed the Fair Chance Act (Intro No. 318-A, 2014) by a vote of 45-to-5. The legislation prevents employers from inquiring about job applicants’ criminal arrests and convictions prior to hire. Employers will be permitted to make such inquiries after...

 

HTMLMassachusetts Attorney General Issues Revised “Safe Harbor” Delaying Full Implementation of New Earned Sick Time Law and Required Posting
David P. Mason; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
June 19, 2015, previously published on June 12, 2015
On June 10, 2015, the Massachusetts Attorney General’s Office (AGO) issued two important new documents for employers concerning implementation of the new earned sick time law that goes into effect on July 1, 2015. The AGO has held public hearings and listening sessions concerning the proposed...

 

HTMLColorado Supreme Court Affirms Right to Discharge Medical Marijuana User Who Tested Positive in Violation of Zero Tolerance Policy
Raul Chacon, Austin E. Smith; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
June 19, 2015, previously published on June 15, 2015
Today, the Colorado Supreme Court issued its long-awaited opinion in Coats v. Dish Network, No. 13SC394 (June 15, 2015). The court held that Colorado’s lawful off-duty conduct statute does not prohibit employers from discharging employees who choose to use marijuana for medical purposes...

 

HTML“Fair Pay and Safe Workplaces” Guidance Explains Broad Labor Reporting Requirements for Federal Contractors
Harold P. Coxson, Dara L. DeHaven, Leigh M. Nason, Alfred B. Robinson; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
June 18, 2015, previously published on May 28, 2015
Today, the U.S. Department of Labor (DOL) published proposed guidance addressing the controversial Fair Pay and Safe Workplaces Executive Order 13673, which President Obama signed on July 31, 2014 (80 Fed. Reg. 30574 (May 28, 2015)). The Federal Acquisition Regulatory (FAR) Council also issued...

 


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