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HTMLNew York Legislature Passes Medical Marihuana Law
Aaron Warshaw; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
July 15, 2014, previously published on June 30, 2014
Subject to signature by Governor Andrew Cuomo, New York is set to become the twenty-third state to legalize medical marihuana. Importantly, the New York legislation is limited to non-smokable forms of marihuana. Further, the bill is initially limited to persons with the following “severe...

 

HTMLThe New Bipartisan Workforce Innovation and Opportunity Act
Harold P. Coxson; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
July 15, 2014, previously published on July 12, 2014
Who said bipartisanship is dead in Washington? It just requires the right legislation! Finally, a long-awaited jobs promotion bill was approved that aims to help train and prepare workers with the twenty-first century skills necessary for employment.

 

HTMLSingle Act of Disobedience Does Not Disqualify Employee From Unemployment Benefits, California High Court Rules
Gregory C. Cheng, Ameneh K. Ernst; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
July 15, 2014, previously published on July 3, 2014
On July 3, 2014, the California Supreme Court decided whether a single act of disobedience by an employee constitutes misconduct within the meaning of section 1256 of California’s Unemployment Insurance Code, thereby disqualifying the employee from receiving unemployment insurance benefits....

 

HTMLNew York Legislature Repeals Annual Wage Theft Prevention Act Requirement
Aaron Warshaw; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
July 15, 2014, previously published on June 30, 2014
During the flurry of activity in Albany prior to lawmakers’ summer hiatus, the New York State legislature approved a bill that will eliminate the onerous requirement of providing annual wage notices to all employees. As New York employers are aware, the existing New York Wage Theft Prevention...

 

HTMLData Privacy Law in the UK, Part II: Data Security and Restrictions on Data Transfers for U.S. Employers
Richard M. Linskell, Justin T. Tarka; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
July 15, 2014, previously published on July 14, 2014
The European Court of Justice’s decision in the Google case that it was required to remove links to “outdated” or “irrelevant” information about an individual has brought EU data privacy laws to the forefront of public consciousness. In part one of this three-part...

 

HTMLWho Got It Right?
Lisa Karen Atkins; Ogletree Deakins Nash Smoak Stewart P.C.;
Legal Alert/Article
July 15, 2014, previously published on July 14, 2014
Gallaudet University Chief Diversity Officer Angela McCaskill’s job was to promote a diverse and inclusive university community. Not only was she the institution’s first chief diversity officer, she was the first black, deaf woman to earn a Ph.D. from Gallaudet, which was founded to...

 

HTMLProper Processes Can Insulate Employer From Tortious Act of Employees
Larry D. Smith; Ogletree Deakins Nash Smoak Stewart P.C.;
Legal Alert/Article
July 15, 2014, previously published on July 8, 2014
Employers occasionally become dejected over the prospects of defending against tort and other civil claims in state courts. However, a recent case out of Houston reaffirms that employers can and do win these kinds of cases when they have implemented the appropriate policies.

 

HTMLSupreme Court to Decide Paralyzed Veterans Doctrine
John F. Martin; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
July 9, 2014, previously published on June 30, 2014
When the White House goes from a Democratic president to a Republican president, or vice versa, there are often changes in various federal agencies’ directives to reflect the priorities of the current administration. These changes are often implemented by a federal agency using its power to...

 

HTMLWhat Happens When The Limitations Provision in the Plan As Applied Creates An Impossible Accrual Date?
Violet H. Borowski, Mark E. Schmidtke; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
July 9, 2014, previously published by          on June 29, 2014
Approximately six months ago, the Supreme Court of the United States, in Heimeshoff v. Hartford Life & Accident Insurance Co., 134 S. Ct. 604 (2013), addressed whether an employee benefit plan covered by the Employee Retirement Income Security Act (ERISA) may include a particular limitations...

 

HTMLIf You Can’t Stand the Heat . . .You’re Not Alone: OSHA Kicks Off its Annual Heat Illness Campaign
John F. Martin; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
July 9, 2014, previously published on July 2, 2014
On May 22, the Occupational Safety and Health Administration (OSHA) announced that it was bringing back its heat illness prevention campaign for the fourth straight year. The campaign primarily targets industries with workers exposed to the heat, such as agriculture, construction, landscape...

 


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