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HTML“Fair Pay and Safe Workplaces” Guidance Explains Broad Labor Reporting Requirements for Federal Contractors
Harold P. Coxson, Dara L. DeHaven, Leigh M. Nason, Alfred B. Robinson; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
June 18, 2015, previously published on May 28, 2015
Today, the U.S. Department of Labor (DOL) published proposed guidance addressing the controversial Fair Pay and Safe Workplaces Executive Order 13673, which President Obama signed on July 31, 2014 (80 Fed. Reg. 30574 (May 28, 2015)). The Federal Acquisition Regulatory (FAR) Council also issued...

 

HTMLFifth Circuit Finds Settlement Agreement Did Not Release Employees’ FLSA Claims
Tiffany L. Cox; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
June 17, 2015, previously published on June 11, 2015
In Bodle v. TXL Mortgage Corp., No. 14-20224 (June 1, 2015), the Fifth Circuit Court of Appeals held that a generic, broad-form settlement release between an employer and two of its former employees did not bar those employees’ subsequent lawsuit under the Fair Labor Standards Act (FLSA) for...

 

HTMLSupreme Court Rules Employer’s Motive (Not Knowledge) Decides Disparate-Treatment Claims
Hera S. Arsen; Ogletree Deakins Nash Smoak Stewart P.C.;
Legal Alert/Article
June 16, 2015, previously published on June 1, 2015
On June 1, 2015, the Supreme Court of the United States decided whether an employer’s obligations under Title VII of the Civil Rights Act of 1964 are triggered only when an applicant has informed the employer of his or her need for an accommodation of a religious practice. In an 8-to-1...

 

HTMLCalifornia Employers Take the Heat . . . of new Revised Heat Illness Standards
Hera S. Arsen; Ogletree Deakins Nash Smoak Stewart P.C.;
Legal Alert/Article
June 16, 2015, previously published on June 5, 2015
On April 7, 2015, the California Department of Industrial Relations (DIR) and the state safety and health agency announced that the current heat illness prevention regulation has been amended. The Office of Administrative Law approved the state Occupational Safety & Health Standards...

 

HTMLFY 2016 H-1B Cap Petition Not Selected: What Are the Options?
Sara E. Herbek, Lowell Sachs; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
June 16, 2015, previously published on May 29, 2015
Most “new” H-1B petitions must be counted against an annual H-1B cap. This limit, or “cap,” administered by the U.S. Citizenship and Immigration Services (USCIS), is currently set at 65,000 plus an additional 20,000 reserved for those who hold an advanced degree from a U.S....

 

HTMLThe New Highest Minimum Wage in the Country: Emeryville Expected to Reach $16 Per Hour by 2020
Hera S. Arsen, Brooke S. Purcell; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
June 16, 2015, previously published on June 5, 2015
As of this week’s vote, the small California city of Emeryville, which is located in San Francisco’s Bay Area, is slated to have one of the highest minimum wage rates in the country. As expected, on June 2, 2015, the Emeryville City Council voted unanimously in favor of a minimum wage...

 

HTMLTips for Lawfully Hiring Teenagers for Summer Jobs in California
Christopher W. Olmsted; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
June 16, 2015, previously published on June 9, 2015
Summer is almost here and many teenagers will be hitting the workforce to earn a few extra dollars. Companies that hire teenagers should be aware that state and federal law restricts the employment of minors or “child labor.”

 

HTMLMissouri Supreme Court “Calls an Audible,” Upholds Arbitration Agreement
Andrew L. Metcalf, James M. Paul; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
June 16, 2015, previously published on June 11, 2015
In recent years, Missouri courts have seemed reluctant to enforce arbitration agreements entered into between employers and employees. But in a recent decision, the Missouri Supreme Court reversed that trend and compelled arbitration of an employee’s age-discrimination claim. The...

 

HTMLNew Texas “Open Carry” Legislation On Its Way to Becoming Law
Stephen J. Quezada; Ogletree Deakins Nash Smoak Stewart P.C.;
Legal Alert/Article
June 16, 2015, previously published on June 10, 2015
The Texas House of Representatives recently passed legislation (H.B. 910) that will allow holders of a concealed handgun license to carry holstered handguns in plain view. The Texas Senate passed its version of the “open carry” law (S.B. 17) in April 2015. The bills will proceed to...

 

HTMLRetaliation in the Fourth Circuit: Recent Decision Creates New Challenges for Employers
Tevis Marshall; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
June 16, 2015, previously published on June 8, 2015
In May 2015, the Fourth Circuit Court of Appeals (which has jurisdiction over federal courts in Maryland, West Virginia, Virginia, North Carolina, and South Carolina) issued an opinion with negative consequences for employers facing claims of retaliation. In Foster v. University of Maryland-Eastern...

 


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