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HTMLOSHA Issues New Electronic Recordkeeping Requirements and Creates a New Cause of Action for Employees
Melissa A. Bailey, Shontell D. Powell; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
May 27, 2016, previously published on May 11, 2016
The Occupational Safety and Health Administration (OSHA) has amended its recordkeeping regulation, 29 CFR Part 1904, to require many employers to submit OSHA 300 Logs, OSHA 301 forms, and OSHA 300A summaries to the agency electronically. The amendments, which will be published in the Federal...

 

HTMLCombining 10-Minute Rest Breaks May—or May Not—Be Lawful in California
Christopher W. Olmsted; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
May 27, 2016, previously published on May 9, 2016
When must rest breaks occur, and may a company allow employees to combine their rest breaks with other breaks? California’s nuanced meal and rest break rules have spawned an endless cycle of litigation, and as a recent appellate court case illustrates, the rules remain imprecise.

 

HTMLRetailers Share Struggles and Strategies in Preparing for Overtime Changes
Diane M. Saunders; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
May 27, 2016, previously published on May 3, 2016
The proposed changes to the Fair Labor Standards Act’s (FLSA) overtime rules were a hot topic on the minds of retailers at the National Retail Federation’s Committee on Employment Law meeting, which was held on April 21-22, 2016. At the conference, Elizabeth S. Washko, Office Managing...

 

HTMLVermont Passes “Ban the Box” Legislation
James R. Silvers, Jennifer Peck Woodruff; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
May 26, 2016, previously published on May 12, 2016
On May 3, 2016, Vermont Governor Peter Shumlin signed into law a “ban the box” statute, which will take effect on July 1, 2017. The law will prohibit covered employers from inquiring about information pertaining to an individual’s criminal history record on an initial employment...

 

HTMLNew EEOC Resource Document: More Questions than Answers about Return-From-Leave under the ADA
James (Jay) F. Glunt; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
May 26, 2016, previously published on May 13, 2016
On May 9, 2016, the U.S. Equal Employment Opportunity Commission (EEOC) released a resource document titled, “Employer-Provided Leave and the Americans with Disabilities Act,” which offers insights into when employers should provide leave as an accommodation under the Americans with...

 

HTMLCalifornia Legislative Update: What State Law Changes Should Employers Anticipate?
Christopher W. Olmsted; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
May 26, 2016, previously published on May 13, 2016
California lawmakers have proposed a number of employment and labor law bills during the current legislative session. Most significantly, Senate Bill 3, the bill to increase California’s minimum wage to $15 per hour by 2022, passed and was signed into law on April 4, 2016. Below is a list of...

 

HTMLOIRA’s Review of the Final Overtime Regs Draws to a Close: Will It Include a Provision to Increase the Salary Automatically?
Alfred B. Robinson; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
May 26, 2016, previously published on May 13, 2016
As the Office of Information and Regulatory Affairs (OIRA) of the Office of Management and Budget concludes its review of the proposed final overtime regulations, the issuance of new regulations defining and delimiting the executive, administrative, professional, outside sales, and computer...

 

HTMLBe a Donor ... and Qualify for Unpaid Leave: New Wisconsin Law Goes Into Effect Soon
Keith E. Kopplin; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
May 26, 2016, previously published on May 16, 2016
Effective July 1, 2016, Wisconsin law will require covered employers to provide eligible employees with up to 6 weeks of unpaid leave in a 12-month period to undergo and recover from bone marrow or organ donation procedures. Previously, only employees of the Wisconsin state government were entitled...

 

HTMLWhy Can’t We Be Friends? The Supreme Court Discovers an Unexpected Meeting of the Minds in Zubik v. Burwell
Hera S. Arsen, Timothy G. Verrall; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
May 26, 2016, previously published on May 16, 2016
Regardless of one’s preferred metaphor, the Supreme Court of the United States is adept at ducking, punting, and otherwise avoiding messy and socially divisive interpretive issues. Every once in a while, the parties even help the Court out. Facing the prospect of another evenly divided 4-4...

 

HTMLNew Jersey Legislative Update, Part II: What’s in the Works for New Jersey Employers?
Richard C. Mariani, Evan J. Shenkman; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
May 19, 2016, previously published on April 29, 2016
On March 14, 2016, a bill (A3471) was introduced that would require all employers in Essex, Hudson, Camden, Mercer, and Middlesex counties to pay their employees at least $20 per hour from January 1, 2017, through January 1, 2022, at which point the minimum wage would revert to the state’s...

 


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