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HTMLThe Latest on the Overtime Rule Litigation: District Judge Denies DOL’s Motion to Stay Pending a Ruling by the Court of Appeals
Greg Guidry; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
January 12, 2017, previously published on January 3, 2017
On January 3, 2017, Judge Amos L. Mazzant III issued a Memorandum Opinion and Order in State of Nevada v. United States Department of Labor, denying the U.S. Department of Labor’s (DOL) Motion to Stay Proceedings Pending Appeal of the court’s grant of a nationwide preliminary injunction...

 

HTMLThe Top 10 Labor and Employment Issues Retailers Will Face in 2017
Diane M. Saunders; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
January 12, 2017, previously published on January 4, 2017
The coming of a new year always presents uncertainty for retail employers on the labor and employment front, but particularly so this year with the coming of the Trump administration and Republican majority in Congress. Questions abound about whether and how the Trump administration will roll back...

 

HTMLFido Can’t Help Ring in the New Year (Unless He’s a True Service Animal)
Rene L. Duckworth, James M. Paul; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
January 12, 2017, previously published on January 3, 2017
Individuals wishing to begin the new year by taking a beloved pet or emotional support animal out to a restaurant may run into new legal deterrents in some states. While the Americans with Disabilities Act (ADA) entitles people with disabilities to bring “service animals” into public...

 

HTMLHo-Ho . . . NO! Universal Paid Leave Act Will Create Significant New Costs for District of Columbia Employers
Christopher E. Humber, James J. Murphy; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
January 11, 2017, previously published on December 28, 2016
Employers in the District of Columbia (D.C. or District) found a lump of coal in their holiday stockings this year thanks to the D.C. Council’s passage of the Universal Paid Leave Amendment Act of 2016 (UPLA) on December 20, 2016. The UPLA creates the most expansive paid leave benefits in the...

 

HTMLPhiladelphia Passes Ordinance Prohibiting Wage History Inquiries
Paul Lancaster Adams; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
January 11, 2017, previously published on December 27, 2016
On December 8, 2016, the Philadelphia City Council unanimously passed a citywide wage equity ordinance that, once signed, will prohibit employers from inquiring into applicants’ wage histories. Mayor Jim Kenny has already signaled his support for the bill, which is expected to take effect 120...

 

HTMLThe NLRB Elevates Form Over Substance to Give Union Another Bite at the Apple
Thornell Williams; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
January 11, 2017, previously published on December 22, 2016
The National Labor Relations Board (NLRB) recently issued another decision appearing to prioritize the interests of organized labor above all else. In URS Federal Services, Inc., 365 NLRB No. 1 (December 8, 2016), the two Democratic Board members, over the dissent of the lone Republican member,...

 

HTMLFifth Circuit Joins Growing List of Circuit Courts, Holds Employees Can Recover for Emotional Distress in FLSA Retaliation Claims
Juan B. Hernandez; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
January 11, 2017, previously published on December 28, 2016
In Pineda v. JTCH Apartments, L.L.C. (No. 15-10932, December 19, 2016), the Fifth Circuit Court of Appeals joined the Sixth and Seventh Circuit Courts of Appeals in holding that an employee may recover for emotional distress damages in a retaliation claim asserted under the Fair Labor Standards Act...

 

HTMLThe Rising Minimum Wages and Tip Credits for 2017: An Overview
Margaret Carroll Alli, Benjamin Ari Anchill; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
January 11, 2017, previously published on December 21, 2016
Effective January 1, 2017, 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 continue to have, as it did last year, one of the highest minimum wage rates in the country at $11.50 per...

 

HTMLThe Overtime Rule Litigation: The Action Continues While the DOL Appeals
Greg Guidry; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
January 11, 2017, previously published on December 21, 2016
Even though the preliminary injunction against implementation of the overtime rule granted by Judge Mazzant is on a fast track appeal in the Fifth Circuit, the activity in the trial court has not ended.

 

HTMLCalifornia and Criminal Convictions: Employers May Want to Reexamine Their Background Check Policies in Light of Proposed Regulations
David Alexander Abella, Sarah R. Nichols; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
January 11, 2017, previously published on December 29, 2016
In early 2016, the California Fair Employment and Housing Council (FEHC) proposed regulations that are intended to define and clarify how using a person’s criminal history may violate the Fair Employment and Housing Act (FEHA). If adopted, the regulations would create additional avenues for...

 


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