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HTMLAAO Guidance Clarifies That Worker Mobility May Come at a Cost
Miguel A. Manna, Lowell Sachs; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
June 16, 2015, previously published on May 29, 2015
In a move likely to elicit equal parts appreciation and exasperation among the employer community, U.S. Citizenship and Immigration Services (USCIS) issued guidance on the need to file an amended H-1B petition when there is a change in worksite locations. The guidance, which was issued on May 21,...

 

HTMLYet Another Municipal-Level Paid Sick Leave Measure Passes in California
Hera S. Arsen, Brooke S. Purcell; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
June 16, 2015, previously published on June 5, 2015
In addition to implementing a minimum wage rate increase, the ordinance that the Emeryville City Council unanimously approved on June 2, 2015 will provide paid sick leave to employees in Emeryville—over and above what is already provided to employees under state law. The “Minimum Wage,...

 

HTMLPending California Bill May Cure Sick Pay Law
Christopher W. Olmsted; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
June 16, 2015, previously published on June 4, 2015
Mere weeks before sick pay becomes mandatory in California, the state legislature is racing to cure what is ailing employers. Beginning on July 1, 2015, the Healthy Workplaces, Healthy Families Act of 2014 (HWHFA) will obligate employers in California to offer sick pay to employees in nearly every...

 

HTMLProjected Impact of the Upcoming Overtime Rules On Retail and Hospitality
Diane M. Saunders; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
June 16, 2015, previously published on June 10, 2015
As we await the issuance of new federal overtime regulations, employers in the retail and hospitality industries may be interested in the recent National Retail Federation (NRF) report, “Rethinking Overtime.” The NRF report includes the results of a study conducted by Oxford Economics...

 

HTMLNinth Circuit Extends ERISA Deadline, Revives Untimely Appeal
Sean P. Nalty; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
June 16, 2015, previously published on June 5, 2015
Last week, the Ninth Circuit Court of Appeals issued its opinion in LeGras v. AETNA Life Insurance Company, No. 12-56541 (May 28, 2015), holding that the 180-day period to appeal a denial of a long-term disability claim was extended to the following Monday because the last day to submit the appeal...

 

HTMLHang Up After Hours? The Spring 2015 Regulatory Agenda Tackles This and Other Overtime Issues
Alfred B. Robinson; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
June 16, 2015, previously published on June 5, 2015
On Thursday, May 21, 2015, the White House, through its executive branch and other federal agencies, issued the Spring 2015 edition of the Semiannual Regulatory Agenda. Published twice a year, the agencies’ regulatory agendas provide an outlook on regulatory activity, identify agency...

 

HTMLOSC “Pattern and Practice” Investigations to Continue
Jacob D. Cherry; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
June 16, 2015, previously published on May 29, 2015
Over the past few years, the number of employer investigations—and perhaps more noteworthy, the amount of the penalties assessed—by the Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC) has steadily increased. All indications suggest that this trend...

 

HTMLOSHA Issues Guidance on Restroom Access for Transgender Employees
John F. Martin; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
June 16, 2015, previously published on June 10, 2015
On June 1, 2015, the Occupational Safety and Health Administration (OSHA) announced its publication of new guidance on best practices regarding transgender employees’ bathroom access. The announcement comes after the National Center for Transgender Equality formed an alliance with OSHA and...

 

HTMLUniforms, Dress Codes, and the FLSA
Elizabeth S. Washko; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
June 8, 2015, previously published on June 3, 2015
The Fair Labor Standards Act (FLSA) does not prohibit employers from requiring employees to follow a particular dress code or wear a designated uniform. However, it does prohibit employers from requiring employees to pay for uniforms, if such costs would cause an employee’s pay to drop below...

 

HTMLFifth Circuit Rejects Obama Administration’s Effort to Free Executive Actions From Injunction
Lowell Sachs; Ogletree Deakins Nash Smoak Stewart P.C.;
Legal Alert/Article
June 2, 2015, previously published on May 27, 2015
On May 26, 2015 a three judge panel for the Fifth Circuit Court of Appeals rejected a request by the Obama administration to lift an injunction currently blocking aspects of President Obama’s executive action on immigration. The injunction, imposed by U.S. District Judge Andrew Hanen on...

 


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