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HTMLWhat Does 2016 Portend for Labor and Employment Law?
Harold P. Coxson; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
February 1, 2016, previously published on January 15, 2016
What is on the horizon for labor and employment policy in 2016, the last year of the Obama administration when the president will seek to cement his legacy, and a national election year when the White House and control of both houses of Congress are at stake? To take majority control of the U.S....

 

HTMLWhich Way Did Our Money Go? Supreme Court Decides ERISA Subrogation Issue
Hera S. Arsen, Timothy G. Verrall; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
February 1, 2016, previously published on January 20, 2016
On January 20, 2016, the Supreme Court of the United States addressed the first of several ERISA-related cases on its October 2015 docket, reversing the Eleventh Circuit Court of Appeals and concluding that the trustees of the National Elevator Industry Health Benefit Plan were a day late and...

 

HTMLDHS Issues New Regulations for Certain Highly Skilled Workers
Ceridwen J. Koski; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
February 1, 2016, previously published on January 20, 2016
On Friday, January 15, 2016, the U.S. Department of Homeland Security published a final rule-Enhancing Opportunities for H-1B1, CW-1, and E-3 Nonimmigrants and EB-1 Immigrants-in the Federal Register. The new regulations, which will go into effect on February 16, 2016, apply existing rules to...

 

HTMLImmigration Showdown: Supreme Court to Hear Appeal on President Obama’s Immigration Agenda
Phillip W. Pemberton; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
February 1, 2016, previously published on January 20, 2016
On Tuesday, January 19, 2016, the Supreme Court of the United States agreed to hear the appeal filed by the Obama administration relating to its plan to defer deportations and provide work authorization for certain undocumented individuals in the United States. This move clears the path for a final...

 

HTMLAre You a Joint Employer? WHD Issues Guidance in the Form of an Administrator’s Interpretation
Margaret Carroll Alli, Hera S. Arsen, Steven F. Pockrass, Alfred B. Robinson; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
January 29, 2016, previously published on January 20, 2016
On January 20, 2016, the Wage and Hour Division (WHD) of the U.S. Department of Labor released an Administrator’s Interpretation (AI) on joint employment under the Fair Labor Standards Act (FLSA) and Migrant and Seasonal Agricultural Worker Protection Act (MSPA). Continuing its quest to...

 

HTMLHow Not to Moot a Case: Supreme Court Rules Case Remains Live After Unaccepted Offer of Settlement
Hera S. Arsen; Ogletree Deakins Nash Smoak Stewart P.C.;
Legal Alert/Article
January 29, 2016, previously published on January 21, 2016
On January 20, 2016, the Supreme Court of the United States decided another case in a line of cases addressing the issue of class action mootness. Specifically, the justices ruled that an unaccepted settlement offer or offer of judgment does not moot a plaintiff’s case. “Like other...

 

HTML5 Key Developments in the H-2B Temporary Non-Agricultural Workers Program
Ceridwen J. Koski; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
January 29, 2016, previously published on January 25, 2016
On December 18, 2015, the Consolidated Appropriations Act, 2016 (the Act) was signed into law. In addition to approving funding for a broad range of federal programs and agencies, the law also enacted a number of changes to the H-2B Temporary Non-Agricultural Workers Program that are likely to be...

 

Adobe PDFThe Rising Minimum Wages and Tip Credits for 2016: An Overview
Margaret Carroll Alli, Benjamin Ari Anchill; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
January 28, 2016, previously published on December 29, 2015
Effective January 1, 2016, 29 states plus the District of Columbia will have minimum wage rates that are above the federal minimum wage rate of $7.25 per hour. The District of Columbia will have, by far, one of the highest minimum wage rates in the country at $10.50 per hour until July 1, 2016, and...

 

HTMLUSCIS to Accept Cap-Subject H-1B Petitions for FY2017 Beginning April 1, 2016
Katherine C. MacIlwaine; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
January 21, 2016, previously published on January 14, 2016
Friday, April 1, 2016 marks the opening of the filing period for new H-1B petitions to be counted against the annual H-1B quota for Fiscal Year (FY) 2017. H-1B petitions subject to the annual quota, commonly known as the “H-1B cap,” can be submitted on this date for an employment start...

 

HTMLEqual Pay: A Growing Issue for Retail and Hospitality Employers to Watch in 2016
Diane M. Saunders; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
January 21, 2016, previously published on January 12, 2016
The equal pay movement gained significant ground in 2015, with new equal pay legislation enacted in two large states, new pay equity rules issued for federal contractors, and equal pay legislation introduced in several states. President Obama discussed the need for equal pay during his 2015 State...

 


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