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HTMLNew England Employers Beware Holiday Opening Bans
David P. Mason; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
November 28, 2014, previously published on November 11, 2014
Over the past several years, many retailers have moved up the start times of their “Black Friday” sales so that they start on Thursday—which is Thanksgiving—instead of Friday. Despite some public disapproval, this move towards an earlier start to the holiday shopping season...

 

HTMLOregon Legalizes Recreational Marijuana Use
Kelly Riggs; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
November 28, 2014, previously published on November 7, 2014
On November 4, 2014, Oregon voters approved a ballot measure to legalize recreational marijuana use. The new Oregon law, known as the Control, Regulation, and Taxation of Marijuana and Industrial Hemp Act, allows people 21 years of age and older to possess up to eight ounces of marijuana in their...

 

HTMLSixth Circuit Creates Circuit Split on Same-Sex Marriage; Tees Up Issue for Possible Supreme Court Review
Rebecca J. Bennett; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
November 28, 2014, previously published on November 7, 2014
Yesterday afternoon, in DeBoer v. Snyder, the Sixth Circuit Court of Appeals issued an eagerly-awaited opinion, upholding laws in Ohio, Kentucky, Michigan, and Tennessee banning same-sex marriage. The court held that laws banning same-sex marriage in these states do not violate the Fourteenth...

 

HTMLNew Jersey Considering State Law Providing Employees with Mandatory Paid Sick Leave
Robin Koshy, Steven J. Luckner, Evan J. Shenkman; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
November 28, 2014, previously published on November 7, 2014
In light of the fact that several New Jersey cities have recently passed local ordinances requiring employers to provide paid sick leave to their employees, momentum is growing for the New Jersey legislature to pass a similar law statewide.

 

HTMLMine Fatalities: Causes, Prevention, and MSHA Enforcement
Michael T. Heenan; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
November 28, 2014, previously published on November 11, 2014
A number of fatal mine accidents occurred in the United States between January 1 and September 22, 2014.

 

HTMLNew Jersey Poster Update and Annual Notice Reminders
Evan J. Shenkman; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
November 28, 2014, previously published on November 7, 2014
The New Jersey Department of Labor has recently issued a new Wage and Hour Law Abstract poster to incorporate the minimum wage increase effective January 1, 2015. The poster is available here- http://lwd.state.nj.us/labor/lwdhome/content/employerpacketforms.html, and should be posted on January 1...

 

HTMLSeveral More New Jersey Cities Pass Paid Sick Leave Legislation
Robin Koshy, Steven J. Luckner, Evan J. Shenkman; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
November 28, 2014, previously published on November 7, 2014
Following Newark and Jersey City’s lead, the cities of Passaic, East Orange, Paterson, and Irvington recently passed their own paid sick leave ordinances that will provide the majority of private employees working in those cities with paid sick leave. Additionally, on Election Day voters in...

 

HTMLMichigan Court of Appeals Says Fired Medical Marijuana Users Can Collect Unemployment Benefits
Allyson A. Miller; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
November 28, 2014, previously published on November 11, 2014
On October 23, 2014, the Michigan Court of Appeals ruled that employees discharged for having failed a drug test because of their medical marijuana use are not disqualified from receiving unemployment benefits.

 

HTMLNinth Circuit Dismisses Worker’s “‘Sweeping Conclusory Allegations’ of Unequal Treatment”
Hera S. Arsen, Ph.D.; Ogletree Deakins Nash Smoak Stewart P.C.;
Legal Alert/Article
November 28, 2014, previously published on November 24, 2014
McClain v. County of Clark, No. 12-16888 (October 10, 2014): The Ninth Circuit Court of Appeals recently sided with an employer in a case in which the former employee claimed that he was subjected to ageist remarks. According to the court, the “[i]solated references” to the...

 

HTMLIndiana Supreme Court Upholds Right-to-Work Law
Charles B. Baldwin, Todd M. Nierman; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
November 28, 2014, previously published on November 7, 2014
The debate over the constitutionality of Indiana’s right-to-work law may finally be over. In Zoeller v Sweeney (No. 45S00-1309-PL-596, November 6, 2014), the Indiana Supreme Court reversed a lower court ruling that had held Indiana’s right-to-work statute unconstitutional. Charles B....

 


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