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HTMLOSHA Announces Final Rule for Confined Spaces in Construction
John F. Martin, Shontell D. Powell; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
May 13, 2015, previously published on May 6, 2015
On May 1, 2015, Dr. David Michaels, the head of the Occupational Safety and Health Administration (OSHA), and Deputy Secretary of Labor Christopher P. Lu announced the issuance of OSHA’s long-awaited Confined Spaces in Construction standard. Prior to issuing this new standard, OSHA had one...

 

HTMLCalifornia Employer Successful in Arbitration Policy Dispute
Serafin Tagarao; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
May 13, 2015, previously published on May 4, 2015
Serafin v. Balco Properties Ltd., LLC, No. A141358 (March 16, 2015): The California Court of Appeal for the First Appellate District recently upheld an arbitration award in favor of an employer despite the employee’s arguments that (1) she never entered into a binding agreement to arbitrate...

 

HTMLCalifornia Court of Appeal Reminds Employers About the Importance of Thorough Harassment Investigations
Jaclyn A. Simi; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
May 13, 2015, previously published on May 4, 2015
Dawson v. Country Club of Rancho Bernardo, No. D064654 (March 23, 2015): In an unpublished opinion, a California Court of Appeal reversed an order granting summary judgment in favor of the employer, Country Club of Rancho Bernardo, in a food and beverage manager’s sexual harassment case...

 

HTMLNinth Circuit Overturns Summary Judgment Issued in Favor of Employer in Retaliation Case
Jill V. Cartwright; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
May 13, 2015, previously published on May 4, 2015
Lukov v. Schindler Elevator Corp., No. 12-17695 (February 24, 2015): In an unpublished decision, the Ninth Circuit recently overturned summary judgment granted to an employer on the plaintiff’s retaliation claims. William Lukov worked as an elevator mechanic for Schindler Elevator...

 

HTMLJustices Give Courts Authority to Review EEOC Conciliation Efforts
Hera S. Arsen; Ogletree Deakins Nash Smoak Stewart P.C.;
Legal Alert/Article
May 13, 2015, previously published on April 29, 2015
On April 29, 2015, the Supreme Court of the United States decided whether¿and the extent to which¿courts may review efforts made by the U.S. Equal Employment Opportunity Commission (EEOC) to resolve discrimination claims with an employer before filing suit. The Court decided that courts may review...

 

HTMLDOL “Springs” Its Part 541 Proposal for Review
Alfred B. Robinson; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
May 13, 2015, previously published on May 5, 2015
On Tuesday, May 5, 2015, the U.S. Department of Labor (DOL) announced that it had sent its draft proposed part 541 overtime regulations to the Office of the Information and Regulatory Affairs (OIRA) at the Office of Management and Budget for review. President Obama signed a presidential memorandum...

 

HTMLCalifornia Court Finds Arbitration Agreement Did Not Unlawfully Limit Judicial Review
Carmine Joseph Pearl; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
May 13, 2015, previously published on May 4, 2015
Valdez v. Santa Lucia Preserve Co., No. H040685 (March 23, 2015): In an unpublished opinion, the California Court of Appeal for the Sixth Appellate District overturned a trial court’s ruling denying an employer’s motion to compel arbitration. In applying California’s Armendariz...

 

HTMLCaltrans Liable for Failure to Properly Address Employee’s Requests for Accommodation
Nisha Verma; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
May 13, 2015, previously published on May 4, 2015
Kamali v. California Department of Transportation, No. B247756 (March 17, 2015): In an unpublished opinion, the California Court of Appeal recently upheld a jury’s verdict finding the California Department of Transportation (Caltrans) liable for failure to provide a reasonable accommodation...

 

HTMLNew York Court of Appeals Applies Federal Impact Analysis Under State Law
Ogletree Deakins Nash Smoak Stewart P.C.;
Legal Alert/Article
May 13, 2015, previously published on April 30, 2015
Margerum v. City of Buffalo, 24 N.Y.3d 721 (N.Y. Feb. 17, 2015): The New York Court of Appeals held that, where an employer has allegedly engaged in intentional discrimination to avoid or remedy an unintentional disparate impact, liability under the New York State Human Rights Law (NYSHRL) should...

 

HTMLNew Legislation Promises More Investigations by the New York City Commission on Human Rights
Aaron Warshaw; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
May 13, 2015, previously published on April 30, 2015
On April 20, 2015, New York City Mayor Bill de Blasio signed two new bills into law that authorize the New York City Commission on Human Rights to increase the number of employment discrimination investigations.

 


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