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HTMLEmployers’ Demand for H-1B Visas Quickly Exceeds USCIS Cap ... Again
Lowell Sachs; Ogletree Deakins Nash Smoak Stewart P.C.;
Legal Alert/Article
May 1, 2015, previously published on April 10, 2015
As in recent years, the strong demand for H-1B visas for scientists, engineers, computer programmers, and other foreign workers in so-called “specialty occupations” again led employers in the United States to file petitions in such great quantity that they quickly exceeded the number...

 

HTMLThree Tips on Avoiding Summer Internship Headaches
Diane M. Saunders; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
May 1, 2015, previously published on April 10, 2015
Spring is here and retailers across the country are considering hiring summer interns in areas such as finance, communications, marketing, merchandising, production, and public relations. Internships serve a valuable training role for students interested in retail careers, and they provide an...

 

HTMLTwo-Year Preapproved Defined Contribution Plan Window is Still Open
Christina M. Crockett; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
May 1, 2015, previously published on April 9, 2015
Retirement plan vendors sponsoring defined contribution plan documents approved by the Internal Revenue Service (IRS) have begun issuing packages containing the new IRS-approved version of those documents-reflecting the Pension Protection Act and other required regulatory updates-to employers that...

 

HTMLA Single "Hitler" Comment Is Insufficient for a Title VII Retaliation Claim in the Fifth Circuit
Hera S. Arsen; Ogletree Deakins Nash Smoak Stewart P.C.;
Legal Alert/Article
May 1, 2015, previously published on April 6, 2015
The Fifth Circuit Court of Appeals recently affirmed a judgment against a City of Houston employee who claimed that he was demoted for reporting another employee’s racially offensive comment made during a workplace meeting. According to the federal appellate court, the worker had not engaged...

 

HTMLThe WARN Act An "Employment Loss" by any Other Name Would Smell
David Lee Zwisler; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
May 1, 2015, previously published on April 3, 2015
The federal Worker Adjustment and Retraining Notification Act of 1988 (WARN Act) requires covered employers to provide affected workers 60 calendar days’ notice prior to a plant closing or a mass layoff that results in an employment loss. Whether a reduction in workers constitutes a...

 

HTMLSEC Brings First Enforcement Action Targeting Language Contained in Confidentiality Agreements
Margaret Hutchins Campbell, Jesse C. Ferrantella; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
May 1, 2015, previously published on April 1, 2015
As we reported in a previous post, “SEC Investigating Companies’ Employment Contracts That Restrict Whistleblowing,” the U.S. Securities and Exchange Commission (SEC) has been vocal about its concerns regarding the effects of confidentiality provisions on the agency’s...

 

HTMLSpring: A Time for Change in UK Employment and Data Protection Law
Pia Padfield; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
May 1, 2015, previously published on April 7, 2015
Spring is always a time for new beginnings: the end of the financial year and the start of a new one, government election season, and time to advance clocks forward for daylight saving time. In the United Kingdom, spring also heralds new changes in employment and data protection laws. Below are...

 

HTMLThe New Wave of Data Breach Settlements
Madi Bakker, Ashley Prickett Cuttino; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
April 30, 2015, previously published on April 24, 2015
4.8 million. 10 million. 15 million. 25 million. Before 2014, these large numbers were likely to represent the number of individuals affected by a data breach. Today, they are the dollar figures that companies must spend to put a breach in the past-and that’s just the cost of settlement....

 

HTMLMassachusetts Attorney General Issues Proposed Regulations on Implementation of New Earned Sick Time Law
David P. Mason; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
April 30, 2015, previously published on April 28, 2015
As we detailed in November 2014, Massachusetts voters last fall approved a new law mandating that employers provide earned sick time to their employees. Under the new law, employers with 11 or more employees must provide paid sick leave for workers and smaller employers must provide unpaid sick...

 

HTMLEmployers Between a Rock and a Hard Place: Another Puzzling “Status Quo” Case Decided On Other Grounds
Matthew J. Kelley; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
April 30, 2015, previously published on April 20, 2015
The National Labor Relations Board (Board) recently decided a case previously remanded back to it by the District of Columbia Circuit Court of Appeals. The Board’s decision in Arc Bridges, Inc., 362 NLRB No. 56, March 31, 2015, circumvents a now common problem for employers by relying on...

 


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