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HTMLStriking a Balance: Alabama’s Newly-Amended Restrictive Covenant Statute
James A. Patton; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
August 14, 2015, previously published on August 14, 2015
When Alabama Governor Robert Bentley signed House Bill 352 into law on June 11, 2015, he repealed Alabama’s bare bones restrictive covenant statute and replaced it with a detailed codification of much of Alabama’s restrictive covenant case law. The new statute, which will become...

 

HTMLAlcoholism and the ADA: The DOs and DON’Ts of Alcohol Testing in the Workplace
Michael Clarkson, M. Tae Phillips; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
August 14, 2015, previously published on August 14, 2015
The Americans with Disabilities Act of 1990, as amended (ADA) considers alcoholism to be a “disability.” Individuals who suffer from alcoholism are entitled to the protections of the ADA just as those with significant mental illnesses or those confined to wheelchairs are. Thus,...

 

HTMLPlay for Pay? Not Today, Says the Ninth Circuit in the Latest NCAA Ruling
Lisa Karen Atkins, John Richard Carrigan; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
August 13, 2015, previously published on August 12, 2015
Whether the amateurism rules of the National Collegiate Athletic Association (NCAA) violate federal antitrust laws remains an active issue before the Ninth Circuit Court of Appeals. But the dramatic changes ordered by U.S. District Judge Claudia Wilken to take effect for scholarship offers made...

 

HTMLThe SEC’s Interpretative Guidance on Internal Whistleblowing Under the Dodd-Frank Act
Margaret Hutchins Campbell, Jesse C. Ferrantella; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
August 12, 2015, previously published on August 11, 2015
On August 4, 2015, the U.S. Securities and Exchange Commission (SEC) issued an interpretive rule stating that whistleblowers who report misconduct internally-not just those who report to the SEC-are protected by the anti-retaliation provisions of the Dodd-Frank Wall Street Reform and Consumer...

 

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...

 

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...

 

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...

 

HTMLUSCIS Issues Final Guidance on Recent AAO Decision in Simeio
Ann Louise Brown, Rebecca L. Sigmund; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
August 7, 2015, previously published on August 5, 2015
On Tuesday, July 21, 2015, U.S. Citizenship and Immigration Services (USCIS) issued its final guidance on the recent Administrative Appeals Office (AAO) decision in Matter of Simeio Solutions, LLC. Under Simeio, employers must file an amended H-1B petition, along with an updated Labor Condition...

 

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.

 


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