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HTMLTwo California Appellate Decisions “Delegate” Authority From Courts to Arbitrators
Ameneh K. Ernst; Ogletree Deakins Nash Smoak Stewart P.C.;
Legal Alert/Article
July 2, 2014, previously published on June 27, 2014
Two divisions of the California Court of Appeal recently issued two significant decisions on arbitration agreements. Both courts held that a trial court lacks authority to determine the enforceability of an arbitration agreement if the agreement has a provision delegating that authority to an...

 

HTMLCalifornia Supreme Court: Undocumented Worker May Recover Lost Wages for Period Up to Employer’s Discovery of Immigration Status
Ameneh K. Ernst, Spencer C. Skeen; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
July 2, 2014, previously published on June 27, 2014
Salas v. Sierra Chemical Co., S196568 (June 26, 2014): On June 26, the California Supreme Court issued a decision holding that federal immigration law does not preempt a California law that extends state law protections to all workers regardless of their immigration status. However, the court held...

 

HTMLMassachusetts Increases Minimum Wage
David P. Mason; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
July 2, 2014, previously published on June 27, 2014
On June 26, 2014, Massachusetts Governor Deval Patrick signed into law legislation that will significantly increase the state’s minimum wage for hourly and tipped workers over the next three years. The current Massachusetts minimum wage of $8.00 per hour will increase to $11.00 per hour by...

 

HTMLDOL’s Proposed Rule Redefines FMLA’s Definition of “Spouse” to Recognize “Place of Celebration”
Nonnie L. Shivers; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
July 2, 2014, previously published on June 23, 2014
On June 20, 2014, the U.S. Department of Labor (DOL) issued a press release announcing a proposed rule extending the protections of the Family and Medical Leave Act (FMLA) to all eligible employees in legal same-sex marriages regardless of where they live. The DOL is proposing this rule in light of...

 

HTMLSupreme Court Clarifies ESOP Fiduciaries’ Obligations
Hera S. Arsen, J.D., Ph.D.; Ogletree Deakins Nash Smoak Stewart P.C.;
Legal Alert/Article
July 2, 2014, previously published on June 25, 2014
On June 25, 2014, the Supreme Court of the United States ruled that a fiduciary of an “employee stock ownership plan” (ESOP) is subject to the same duty of prudence that the Employee Retirement Income Security Act (ERISA) requires of fiduciaries in general. Justice Breyer, delivering...

 

HTMLSupreme Court Holds NLRB Member Recess Appointments Unconstitutional
Douglas M. Topolski; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
July 1, 2014, previously published on June 26, 2014
This morning, in National Labor Relations Board v. Noel Canning, the Supreme Court of the United States concluded that the recess appointments of former National Labor Relations Board (NLRB) members Sharon Block, Terence F. Flynn, and Richard F. Griffin, Jr. made on January 4, 2012, were...

 

HTMLSupreme Court Rules Public Employee’s Sworn Testimony Is Protected
Hera S. Arsen, J.D., Ph.D.; Ogletree Deakins Nash Smoak Stewart P.C.;
Legal Alert/Article
July 1, 2014, previously published on June 19, 2014
Declaring that “public employees do not renounce their citizenship when they accept employment,” the Supreme Court of the United States held today that the First Amendment protects a public employee’s truthful sworn testimony, compelled by subpoena. According to Justice Sotomayor,...

 

HTMLEugene, Oregon Moving Ahead With Paid Sick Leave Ordinance
Sean M. Driscoll; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
July 1, 2014, previously published on June 26, 2014
Following the lead of larger cities like Portland, Seattle, and San Francisco, the City Council of Eugene, Oregon is moving ahead with plans for a mandatory sick leave ordinance. Following the presentation of a 70-page Task Force report on June 18, the Council voted to draft a formal ordinance for...

 

HTMLMSHA Initiates Enforcement Review of Elevator Safety at Cement Operations
William K. Doran; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
July 1, 2014, previously published on June 26, 2014
In the aftermath of a fatal elevator accident in February 2014 at a cement plant in Kentucky, the Mine Safety and Health Administration (MSHA) has initiated an unannounced elevator enforcement review at cement operations around the country. According to MSHA management, the specific focus of these...

 

HTMLFederal Court Clarifies CAFA’s Jurisdictional Amount in State PAGA Cases
Hera S. Arsen, J.D., Ph.D.; Ogletree Deakins Nash Smoak Stewart P.C.;
Legal Alert/Article
July 1, 2014, previously published on June 18, 2014
A judge of the U.S. District Court for the Central District of California recently issued a pro-employer ruling with regard to the jurisdictional minimum amount in controversy required by the Class Action Fairness Act (CAFA) of 2005-an issue that has not been resolved by the Ninth Circuit Court of...

 


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