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HTMLProposed Expansion of E-Verify Services and Obligations Could Add New Burdens for Employers
Sara E. Herbek; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
August 7, 2015, previously published on August 4, 2015
U.S. Citizenship and Immigration Services (USCIS) recently announced its intention to expand not only its E-Verify communication services but also implement new obligations for employers that participate in the E-Verify program (either voluntarily as a federal contractor or as required by state...

 

HTMLWest Virginia Amends State Rule Verifying Legal Employment Status of Workers
Caroline Tang; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
August 7, 2015, previously published on August 4, 2015
On July 1, 2015, a new legislative rule amending the procedures required for West Virginia employers to verify the legal employment status of their workers went into effect in West Virginia. Pursuant to section 21-1B-4 of the West Virginia Code, all employers are required to keep “records of...

 

HTMLIt’s Time to Work Overtime on Your Comments to the DOL
Steven F. Pockrass; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
August 7, 2015, previously published on August 5, 2015
Time is not on your side if you are an employer who has yet to address the U. S. Department of Labor’s proposed revisions to the Fair Labor Standards Act’s white collar overtime regulations.

 

HTMLIs Everyone Disabled? Temporary Disabilities and the Ever-Expanding Definition of “Disability"
Katherine (Kathy) Dudley Helms; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
August 7, 2015, previously published on August 3, 2015
Following the amendments to the Americans with Disabilities Act (ADA)—the ADA Amendments Act of 2008 (ADAAA)—employers were told to refrain from asking employees whether they were disabled. The employer community took this instruction with a grain of salt, knowing that although the...

 

HTMLRhode Island Enacts Legislation Authorizing the Use of Electronic Pay Cards
Todd M. Torres; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
August 7, 2015, previously published on August 4, 2015
On July 10, 2015, the Rhode Island General Assembly sent Governor Gina Raimondo a compromise measure (House Bill 5590/Senate Bill 351) that would allow Rhode Island employers—for the first time in the state’s history—to pay wages via electronic pay cards. The measure became law on...

 

HTMLOSHA Proposes New Rules to “Clarify” Recordkeeping Obligations
John F. Martin; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
August 7, 2015, previously published on July 31, 2015
On July 29, the Occupational Safety and Health Administration (OSHA) published in the Federal Register a proposed rule to “clarify” employers’ recordkeeping obligations under 29 C.F.R. Part 1904. Comments are due by September 28.

 

HTMLLessons from Deflategate: 5 Ways to Avoid Workplace Investigation Fumbles
Michael Clarkson, Patricia Chavarria Perez; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
August 7, 2015, previously published on August 3, 2015
Over the years, the topic of workplace investigations has gained increasing importance in the HR and employment law world. Now, with investigations routinely making headlines, they have become a part of our popular culture as well. Most recently, the investigation conducted and conclusions reached...

 

HTMLMiners & Marijuana
Michael T. Heenan; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
August 4, 2015, previously published on July 21, 2015
As in other industries, mining companies must contend with employees and contractors using or being under the influence of illegal drugs in the workplace. Marijuana is one of the most prominent substances detected in drug screens of job applicants. Mine operators have routinely made blanket...

 

HTMLMSHA Workplace Examination “Clarification” Places Enforcement Target Squarely on Operators
William K. Doran; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
August 4, 2015, previously published on July 29, 2015
Over the years, the Mine Safety Health Administration (MSHA) has tried on two different occasions to overhaul the workplace examination standard at 30 CFR §56/57.18002 by issuing program policy letters. The agency’s primary goal in each of those efforts was to expand the recordkeeping...

 

HTMLWho’s That Knocking at Your Door? USCIS Plans House Calls to Retrieve Erroneous EADs
Ann Louise Brown, Rebecca L. Sigmund; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
August 4, 2015, previously published on July 30, 2015
U.S. Citizenship and Immigration Services (USCIS) is taking extreme measures to get back all the three-year Employment Authorization Document (EAD) cards erroneously issued to Deferred Action for Childhood Arrivals (DACA) recipients. On February 16, 2015, the Fifth Circuit Court of Appeals, in...

 


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