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HTMLNYC Cares for Caregivers: New Bill Awaiting Mayor’s Signature Would Make Caregivers a Protected Class
Sonu Ray; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
January 18, 2016, previously published on December 30, 2015
On December 16, 2015, the New York City Council passed a bill prohibiting employers from discriminating against employees based on their actual or perceived status as a caregiver. The new law would establish caregiver status as a new protected class under the New York City Human Rights Law, and...

 

HTMLNew Jersey Appellate Court Rules Arbitration Agreement in Employee Handbook Unenforceable
Robin Koshy, Steven J. Luckner, Evan J. Shenkman; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
January 18, 2016, previously published on December 30, 2015
In C.M. v. Maiden Re Insurance Services, LLC, No. L-3622-13 (App. Div. Sept. 18, 2015), the New Jersey Appellate Division held that an employee was not compelled to arbitrate her employment discrimination claims, notwithstanding her confirmed receipt of a handbook containing an arbitration...

 

HTMLNew Brunswick New Jersey’s Paid Sick & Safe Leave Law Goes Into Effect
Robin Koshy, Steven J. Luckner, Evan J. Shenkman; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
January 15, 2016, previously published on January 6, 2016
On December 17, 2015, the City of New Brunswick passed its own paid sick leave ordinance, making it the eleventh municipality in the State of New Jersey to require paid sick leave. The ordinance becomes effective on January 6, 2016, but employees must wait until May 5, 2016 (or 120 days after they...

 

HTMLHow Federal Preemption Affects Local and State Labor Peace Agreements
David F. Loeffler; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
January 11, 2016, previously published on December 30, 2015
Unions have been largely unsuccessful in their efforts to organize employees and negotiate first contracts within the system created by the National Labor Relations Act (NLRA). Only about 7 percent of the private-sector labor force is unionized. Consequently, unions have adopted new organizing...

 

HTMLA New Year’s Resolution for California Employers: Fair Pay Act Compliance
Hera S. Arsen, Christopher W. Olmsted; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
January 11, 2016, previously published on January 4, 2016
California employers are preparing for the effects the Fair Pay Act—the new law signed by Governor Brown last October that significantly changes California’s gender equality pay law. Senate Bill 358 (SB 358), which went into effect on January 1, 2016, requires employers to pay employees...

 

HTMLMinimum Wage Changes to New York’s Fast Food Industry: New Hospitality Wage Order & FAQs
Seth D. Kaufman; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
January 11, 2016, previously published on December 30, 2015
As we previously discussed in May and July of this year, wage and hour requirements for the fast food industry in New York State are changing starting in the new year. These changes, which go into effect on December 31, 2015, result from recommendations made by the Fast Food Wage Board, which...

 

Adobe PDFHappy New Year from the IRS!
Ann Carr Mackey, Timothy G. Verrall; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
January 11, 2016, previously published on December 31, 2015
For the many employers and health care providers that have thus far been spending their holidays poring over the Affordable Care Act’s (ACA) new tax forms and their cryptic instructions in anticipation of the inaugural round of reporting under Sections 6055 and 6056 of the Internal Revenue...

 

HTMLWorth the Wait: Will USCIS Draft Policy Guidance Bring Greater Job Portability and Career Advancement for Foreign Workers and Their Employers in 2016?
Diane M. Rish; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
January 11, 2016, previously published on December 31, 2015
On November 20, 2015, the United States Citizenship and Immigration Services (USCIS) released a highly anticipated draft policy memorandum for public review and comment that provides guidance to USCIS Immigration Services Officers (ISOs) on evaluating whether one job is in “the same or a...

 

HTMLDHS Issues Proposed Rule for Changes to Employment of High-Skilled Foreign Workers
Jacob D. Cherry; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
January 8, 2016, previously published on December 31, 2015
On December 30, 2015, the U.S. Department of Homeland Security (DHS) released a notice of proposed rulemaking (NPRM) concerning employment-based visa programs for high-skilled workers. The notice is published in the December 31, 2015 Federal Register and is subject to a 60-day comment period ending...

 

HTMLPreparing for the Upcoming Amendments to the FLSA Overtime Regulations: A Toolkit for Retail and Hospitality Employers
Diane M. Saunders, Elizabeth S. Washko; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
January 8, 2016, previously published on January 4, 2016
As we have previously reported, the U.S. Department of Labor’s (DOL) proposed amendments to the Fair Labor Standards Act (FLSA), specifically as to the criteria for the Part 541 “white collar” exemptions, are projected to have an enormous impact on retail and hospitality...

 


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