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HTMLAnd the Numbers Are Finally In . . . Wage and Hour Division Releases Enforcement Statistics
Alfred B. Robinson; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
October 9, 2014, previously published on October 2, 2014
After a long hiatus, the Wage and Hour Division (WHD) of the U.S. Department of Labor (DOL) released its updated enforcement statistics for fiscal years (FY) 2009 through 2013. The federal government’s fiscal year runs from October 1 through September 30, and the statistics are updated...

 

HTMLA Bird’s Eye View of the DFEH (Part 3): An Interview with Patti Perez on Reasonable Accommodations, the Interactive Process, and Companion Animals
Ameneh K. Ernst; Ogletree Deakins Nash Smoak Stewart P.C.;
Legal Alert/Article
October 2, 2014, previously published on September 30, 2014
In part one of our interview with Patti Perez, Esq., SPHR, president and CEO of Puente Consulting, and member of the DFEH’s Fair Employment and Housing Council, Perez shared insights on her role as a DFEH councilmember and discussed proposed changes to the California Family Rights Act (CFRA)....

 

HTMLCalifornia Court: Exceeding Break Times and Falsifying Time Records Is Grounds for Disqualification from Unemployment Benefits
Ameneh K. Ernst; Ogletree Deakins Nash Smoak Stewart P.C.;
Legal Alert/Article
October 2, 2014, previously published on September 30, 2014
Irving v. California Unemployment Insurance Appeals Board, No. B243417 (September 12, 2014): The California Court of Appeal recently held that a former employee was not entitled to unemployment insurance benefits after being discharged from employment for exceeding his break periods and falsifying...

 

HTMLU.S. Diversity Visa Opens October 1, 2014, May Help Workers Obtain Residency More Quickly
Maria Fernanda Gandarez, Matthew J. Kolodziej; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
October 2, 2014, previously published on September 30, 2014
The U.S. Department of State has announced that it will open the Diversity Visa lottery registration for FY 2016 on Wednesday, October 1, 2014. The program allows nationals of states with historically low rates of immigration to the United States to obtain permanent residence (i.e., a green card)...

 

HTMLWhat Has the “Nuclear Option” Wrought?
Harold P. Coxson; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
October 2, 2014, previously published on September 30, 2014
With the Obama administration unable to get labor and employment law changes through a gridlocked Congress, one of its significant accomplishments and lasting legacies may be its remarkable record of reshaping federal regulatory agencies and the federal judiciary.

 

HTMLCalifornia Legislative Update: September 2014
Ameneh K. Ernst, Christopher W. Olmsted; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
October 2, 2014, previously published on September 30, 2014
In September 2014, California Governor Jerry Brown signed into law a number of bills that will impact the employer community. A brief summary of these new laws, along with links to the bills, can be found below.

 

HTMLQuit or Retired? It Makes No Difference When It Comes to Paying Final Wages in California
Ameneh K. Ernst; Ogletree Deakins Nash Smoak Stewart P.C.;
Legal Alert/Article
October 2, 2014, previously published on September 30, 2014
McLean v. State of California, No. C074515 (August 19, 2014): In a recent decision, a California Court of Appeal held that state law requirements for payment of final wages and waiting time penalties payable to employees who quit also apply to employees who retire. The court held that a putative...

 

HTML2014 Louisiana Legislative Update
Jacob C. Credeur; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
October 2, 2014, previously published on September 30, 2014
The Louisiana 2014 Regular Legislative Session closed on June 9, 2014. In the subsequent weeks, Governor Bobby Jindal signed into law several bills that affect employers. These new laws, which are summarized below, became effective on August 1, 2014.

 

HTMLNLRB Declines to Revisit Employee Use of Company Email Systems . . . For Now
Donald D. Gamburg; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
September 30, 2014, previously published on September 29, 2014
Under current National Labor Relations Board (NLRB) law, employees do not have a statutory right to use their employers’ email systems for union organizing or for other purposes. Email systems remain employer property for now, as the Board, in Purple Communications, Inc., 361 NLRB No. 43...

 

HTMLIdentify Yourself! Deadline for Health Plan Identifiers is Fast Approaching
Lucas J. Asper, Stephanie Alden Smithey, Timothy G. Verrall; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
September 30, 2014, previously published on September 26, 2014
One of the lesser-known health plan requirements adopted by the Patient Protection and Affordable Care Act (ACA) has an initial deadline that is fast approaching, and most employers will need to take action to ensure that their group health plans remain in compliance. As discussed below, the ACA...

 


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