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HTMLSeven Key Supreme Court Cases for Retailers to Watch
Diane M. Saunders; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
October 9, 2014, previously published on October 2, 2014
The Supreme Court of the United States is ending its summer recess and will start hearing oral arguments next week. There are seven key cases on the Court’s docket for the current term that could affect retailers. Here is a quick run-down of the important cases for retailers to watch and a...

 

HTMLFifth Circuit Finds Restriction of Job Responsibilities May Constitute Adverse Employment Action Under Title VII
Maria Greco Danaher; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
October 9, 2014, previously published on October 2, 2014
Title VII of the Civil Rights Act of 1964 makes it unlawful for an employer to fail to hire or to discharge an individual or otherwise discriminate against such individual “with respect to his [or her] compensation, terms, conditions, or privileges of employment” because of a protected...

 

HTMLCalifornia Legislative Update: September 2014
Ameneh K. Ernst, Christopher W. Olmsted; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
October 2, 2014, previously published on September 30, 2014
In September 2014, California Governor Jerry Brown signed into law a number of bills that will impact the employer community. A brief summary of these new laws, along with links to the bills, can be found below.

 

HTMLQuit or Retired? It Makes No Difference When It Comes to Paying Final Wages in California
Ameneh K. Ernst; Ogletree Deakins Nash Smoak Stewart P.C.;
Legal Alert/Article
October 2, 2014, previously published on September 30, 2014
McLean v. State of California, No. C074515 (August 19, 2014): In a recent decision, a California Court of Appeal held that state law requirements for payment of final wages and waiting time penalties payable to employees who quit also apply to employees who retire. The court held that a putative...

 

HTMLA Bird’s Eye View of the DFEH (Part 3): An Interview with Patti Perez on Reasonable Accommodations, the Interactive Process, and Companion Animals
Ameneh K. Ernst; Ogletree Deakins Nash Smoak Stewart P.C.;
Legal Alert/Article
October 2, 2014, previously published on September 30, 2014
In part one of our interview with Patti Perez, Esq., SPHR, president and CEO of Puente Consulting, and member of the DFEH’s Fair Employment and Housing Council, Perez shared insights on her role as a DFEH councilmember and discussed proposed changes to the California Family Rights Act (CFRA)....

 

HTMLU.S. Diversity Visa Opens October 1, 2014, May Help Workers Obtain Residency More Quickly
Maria Fernanda Gandarez, Matthew J. Kolodziej; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
October 2, 2014, previously published on September 30, 2014
The U.S. Department of State has announced that it will open the Diversity Visa lottery registration for FY 2016 on Wednesday, October 1, 2014. The program allows nationals of states with historically low rates of immigration to the United States to obtain permanent residence (i.e., a green card)...

 

HTMLCalifornia Court: Exceeding Break Times and Falsifying Time Records Is Grounds for Disqualification from Unemployment Benefits
Ameneh K. Ernst; Ogletree Deakins Nash Smoak Stewart P.C.;
Legal Alert/Article
October 2, 2014, previously published on September 30, 2014
Irving v. California Unemployment Insurance Appeals Board, No. B243417 (September 12, 2014): The California Court of Appeal recently held that a former employee was not entitled to unemployment insurance benefits after being discharged from employment for exceeding his break periods and falsifying...

 

HTMLWhat Has the “Nuclear Option” Wrought?
Harold P. Coxson; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
October 2, 2014, previously published on September 30, 2014
With the Obama administration unable to get labor and employment law changes through a gridlocked Congress, one of its significant accomplishments and lasting legacies may be its remarkable record of reshaping federal regulatory agencies and the federal judiciary.

 

HTML2014 Louisiana Legislative Update
Jacob C. Credeur; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
October 2, 2014, previously published on September 30, 2014
The Louisiana 2014 Regular Legislative Session closed on June 9, 2014. In the subsequent weeks, Governor Bobby Jindal signed into law several bills that affect employers. These new laws, which are summarized below, became effective on August 1, 2014.

 

HTMLNLRB Declines to Revisit Employee Use of Company Email Systems . . . For Now
Donald D. Gamburg; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
September 30, 2014, previously published on September 29, 2014
Under current National Labor Relations Board (NLRB) law, employees do not have a statutory right to use their employers’ email systems for union organizing or for other purposes. Email systems remain employer property for now, as the Board, in Purple Communications, Inc., 361 NLRB No. 43...

 


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