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Ogletree, Deakins, Nash, Smoak & Stewart, P.C. Document Search Results (395)

 

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HTMLOvertime Changes Threaten the Exempt Status of Retail and Hospitality Managers
Diane M. Saunders; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
April 30, 2015, previously published on April 24, 2015
The National Retail Federation’s (NRF) Committee on Employment Law held its spring meeting last week, and one of the hottest topics on the minds of the attendees concerned the impact that the U.S. Department of Labor’s proposed changes to the overtime regulations would have on retail...

 

HTMLOFCCP Drops the Annual Veterans Hiring Benchmark to 7 Percent
Leigh M. Nason; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
April 30, 2015, previously published on April 27, 2015
On April 21, 2015, the Office of Federal Contract Compliance Programs (OFCCP) announced that it had updated the Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA) Benchmark Database on its website. The VEVRAA Benchmark Database is one of two databases that the OFCCP launched in March...

 

HTMLThird Circuit Holds Option to Convert Terminated Employees Into Independent Contractors Sufficient Consideration to Support Release
Robin Koshy, Steven J. Luckner, Evan J. Shenkman; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
April 27, 2015, previously published on April 2015
In connection with a wholesale reclassification of certain sales agents from employees to independent contractors, Allstate Insurance Company terminated the employees and offered them the opportunity to work as independent contractors in exchange for the execution of a release of all claims arising...

 

HTMLThird Circuit Finds Motor Carrier Exemption to Overtime Inapplicable to Truck driver under The "Small Vehicle Exception"
Robin Koshy, Steven J. Luckner, Evan J. Shenkman; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
April 27, 2015, previously published on April 2015
On March 11, 2015, the Third Circuit Court of Appeals affirmed that the motor carrier exemption to the overtime requirements of the Fair Labor Standards Act (FLSA) did not apply to a truck driver who operated vehicles lighter than 10,000 pounds, even though she spent more than half her time...

 

HTMLEEOC has Defined "Ability to Interact with Others" as a Major Life Activity, Making Social Anxiety Disorder A Disability under the ADA
Maria Greco Danaher; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
April 27, 2015, previously published on April 20, 2015
An employee who was fired after asking to be reassigned to a role with less direct personal interaction as an accommodation for her social anxiety disorder has been allowed by the Fourth Circuit Court of Appeals to take her case to a jury. Jacobs v. N.C. Administrative Office of the Courts, No....

 

HTMLNew Fiduciary Regulations Require Retirement Investment Advisers to Act in Clients’ Best Interests
Preston R. Burch; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
April 24, 2015, previously published on April 23, 2015
On April 14, 2015, the U.S. Department of Labor (DOL) issued new proposed regulations that changed the definition of “fiduciary investment advice” as currently found in DOL Regulation 2510.3-21(c). These proposed rules also formally withdraw the prior proposed regulations issued in...

 

HTMLHow Retailers Are Responding to the New “Ambush Election” Rules With Employee Engagement Strategies
Diane M. Saunders; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
April 24, 2015, previously published on April 23, 2015
On April 14, 2015, the National Labor Relations Board’s “ambush election” rules went into effect, making it easier for unions to organize in the retail setting and beyond. The next day, demonstrations against retailers and hospitality employers took place throughout the country,...

 

HTMLImplied Rights in Whistleblower Policies: What DC’s Latest Ruling Means for Employers
John S. Bolesta, Jenna Mennona; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
April 23, 2015, previously published on April 13, 2015
On March 18, 2015, the U.S. District Court for the District of Columbia ruled on a motion to dismiss in a case that will have potentially serious consequences for D.C. employers that include written whistleblower and other anti-retaliation policies in their employee handbooks.

 

HTMLEmployers Obtain Relief From Oppressive and Risky Michigan Wage Garnishments
Martin C. Brook; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
April 23, 2015, previously published on April 14, 2015
A wage garnishment is a court order that assists plaintiffs with the collection of judgments. Such an order requires an entity to withhold money (i.e., wages) owed to a judgment debtor and divert it to a judgment creditor in order to satisfy the judgment debt. An order for a wage garnishment is...

 

HTMLNLRB General Counsel Issues Memorandum Providing Justification for Employer Rule Decisions
Donald D. Gamburg; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
April 1, 2015, previously published on March 27, 2015
Over the past several years, the National Labor Relations Board (NLRB) has aggressively redefined the landscape for employer rules contained in employee handbooks, employee policies, and/or employment agreements. Even though these decisions purportedly follow the standards established in the...

 


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