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HTMLWhy Ontario Employers Should Take Another Look at Who They Treat as Exempt From Overtime
Michael Comartin; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
June 21, 2016, previously published on June 14, 2016
One of the most common problems employers face in today’s workplace-where technology and the demand for employee responsiveness blur the line between work and non-work time-is determining which employees are entitled to be paid overtime compensation and are subject to hours of work rules...

 

HTMLSan Diego Voters Approve Minimum Wage and Sick Pay Measure
Christopher W. Olmsted; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
June 21, 2016, previously published on June 14, 2016
Voters in the city of San Diego overwhelmingly supported a June 7 ballot measure that imposes a citywide minimum wage and also obligates businesses to provide sick pay benefits to employees. Employers with workforces in San Diego will want to immediately update their pay practices and sick pay...

 

HTMLThe New Persuader Activity Reporting Requirements—A Significant Development
Harold P. Coxson; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
June 20, 2016, previously published on June 13, 2016
In accordance with the U.S. Department of Labor’s recent public announcement regarding the implementation of its new “persuader activity” rule, all engagements entered into prior to July 1, 2016-including long-term or multi-year agreements for labor relations services to be...

 

HTMLWhat Is Knowing and Voluntary? One Court’s Take on the Enforceability of ADEA Waivers
Colton D. Long; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
June 20, 2016, previously published on June 10, 2016
A recent district court opinion in Romero v. Allstate Insurance Company, et al., 2016 WL 2619853 (E.D. Pa. May 4, 2016), underscores that there is not a “one-size-fits-all” approach for employers seeking “knowing and voluntary” waivers of employee claims under the Age...

 

HTMLWARN Act and Oil Field Rightsizing: Court Finds Layoff Does Not Require Notice
Andrew P. Burnside; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
June 20, 2016, previously published on June 13, 2016
In a recent case involving the layoff of employees assigned to land drilling rigs, the U.S. District Court for the Northern District of Texas limited the ability of plaintiffs to claim that multiple rigs collectively form a “single site of employment” under the Worker Adjustment and...

 

HTMLWelcome to the Jungle: Trade Associations and Reportable Persuader Activity
James J. Murphy, Douglas M. Topolski; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
June 20, 2016, previously published on June 13, 2016
Many trade associations have little direct experience with union organizing and labor relations. When it comes to lobbying in Washington, D.C., however, trade associations know a thing or two about what it takes to be a successful persuader. In that sense at least, it is not surprising that the...

 

HTMLIn Minnesota, the Clock’s Not Ticking During Dispute Resolution
Bruce J. Douglas; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
June 20, 2016, previously published on June 9, 2016
A claim of an unfair discriminatory practice under the Minnesota Human Rights Act must be brought as a civil action or as a charge filed with a local commission or the Minnesota Department of Human Rights within one year after the occurrence of the discriminatory practice. However, the statute of...

 

HTMLMSHA Issues New Workplace Exam Proposed Rule
William K. Doran, Gwendolyn K. Nightengale; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
June 20, 2016, previously published on June 7, 2016
The Mine Safety and Health Administration (MSHA) announced today that it was issuing a notice of proposed rulemaking that will amend the Workplace Examination regulation at 30 C.F.R. § 56.18002 (Surface) and § 57.18002 (Underground). The amended regulation, “Examinations of Working...

 

HTMLWhat Constitutes “Incentive Payments” Under the Final Overtime Regulations?
Charles E. McDonald; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
June 9, 2016, previously published on June 2, 2016
In order to qualify for one or more of the white collar exemptions to the overtime requirements under the Fair Labor Standards Act (FLSA), an employee must meet three tests: (1) the salary basis test (which asks how the employee is paid), (2) the salary level test (which establishes a minimum...

 

HTMLNLRB Decision Threatens 75-Year-Old Precedent, Analyzes Employer’s Motive for Hiring Replacement Workers
Harold P. Coxson, James H. Fowles; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
June 9, 2016, previously published on June 6, 2016
On May 31, a divided National Labor Relations Board (NLRB) issued a very significant decision in American Baptist Homes of the West, increasing the impact of an employer’s motive in deciding whether the permanent replacement of economic strikers is lawful. Given this new focus on the...

 


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