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HTMLEmployers Can Decide That Physical Presence at the Workplace is an Essential Function
Kelly S. Hughes; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
April 30, 2015, previously published on April 16, 2015
On April 10, 2015, the Sixth Circuit Court of Appeals issued its long-awaited en banc decision in Equal Employment Opportunity Commission v. Ford Motor Company following a vacated panel decision from April 2014 in which a divided panel had reversed a district court’s summary judgment award in...

 

HTMLOil Field Employers Post-McMaster: Still Searching for Clarity on the TCA’s Impact on the Motor Carrier Act Exemption
Jennifer G. Betts; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
April 30, 2015, previously published on April 17, 2015
In McMaster v. Eastern Armored Services, Inc., No. 14-1010 (March 11, 2015), the Third Circuit Court of Appeals issued one of the first federal appellate court opinions discussing the SAFETEA-LU Technical Corrections Act of 2008 (TCA). The TCA is an uncodified amendment to the Fair Labor...

 

HTMLIRS Traded in Your Chevy for a “Cadillac (ac-ac-ac-ac-ac) Tax”: Agency Issues First Guidance on the Implementation Code Section 4980I
Patricia L. Beaty, Taylor Bracewell; Ogletree Deakins Nash Smoak Stewart P.C.;
Legal Alert/Article
April 30, 2015, previously published on April 22, 2015
On February 23, 2015, the Internal Revenue Service (IRS) issued the first piece of guidance that discusses the excise tax, better known as the “Cadillac Tax,” imposed by Section 4980I of the Internal Revenue Code of 1986, as amended, on employers that offer high-cost health coverage....

 

HTMLFY 2016 H-1B Cap Lottery Selection Completed, Premium Processing Timeline Begins April 27, 2015
Jamey E. Ayers; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
April 30, 2015, previously published on April 16, 2015
On April 14, 2015, the U.S. Citizenship and Immigration Services (USCIS) announced that on April 27, 2015, it will begin reviewing cases filed with a request for premium processing. USCIS previously confirmed completion of the random selection “lottery” process for approximately 233,000...

 

HTMLCity of St. Petersburg, Florida Passes Wage Theft Ordinance
Edmund J. McKenna; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
April 30, 2015, previously published on April 20, 2015
Under the new City of St. Petersburg “wage theft” ordinance, an employer commits wage theft when the employer fails to pay wages, or a portion of wages, due to an employee within a “reasonable time” (typically 14 business days) from the date on which that employee performed...

 

HTMLOFCCP Drops the Annual Veterans Hiring Benchmark to 7 Percent
Leigh M. Nason; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
April 30, 2015, previously published on April 27, 2015
On April 21, 2015, the Office of Federal Contract Compliance Programs (OFCCP) announced that it had updated the Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA) Benchmark Database on its website. The VEVRAA Benchmark Database is one of two databases that the OFCCP launched in March...

 

HTMLNew Law Restricts Employer Access to Employee Social Media Accounts, Including Through “Friend Requests”
John G. Stretton; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
April 30, 2015, previously published on April 21, 2015
On March 23, 2015, Virginia Governor Terry McAuliffe signed a new law, H.B. 2081, that restricts the ability of employers in Virginia to access the social media accounts of current and prospective employees-making Virginia the nineteenth state to enact such legislation. The other 18 states include...

 

HTMLGetting with the (Wellness) Program: EEOC Proposes New ADA Regulations for Wellness Programs
Jeanne Ellen Floyd, Ruth Anne Collins Michels; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
April 30, 2015, previously published on April 21, 2015
For some time, employers have faced uncertainty about the status of their wellness programs under the Americans with Disabilities Act (ADA). While the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the Affordable Care Act (ACA) have allowed employers to provide financial...

 

HTMLAAO Decision Clarifies Requirement to File Amended H-1B Petitions for Worksite Changes
Jacob D. Cherry; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
April 30, 2015, previously published on April 16, 2015
On April 9, 2015, U.S. Citizenship and Immigration Services (USCIS) issued a precedential decision concerning an employer’s obligation to file an amended H-1B petition in certain scenarios involving a change in worksite. The decision by the Administrative Appeals Office (AAO)-USCIS’s...

 

HTMLDecisions Raise Bar on Waiver of Arbitration Agreements Under Texas Law
Lawrence D. Smith; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
April 30, 2015, previously published on April 17, 2015
While employers may enter into arbitration agreements with employees relatively easily, ensuring the enforcement of arbitration agreements can be a different matter. For this reason, employers are rightfully cautious to avoid taking any steps in litigation that a trial court might consider to be a...

 


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