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HTMLNew York City Moves to “Ban the Box” on Criminal Background Checks in Job Applications
Sonu Ray, Aaron Warshaw, Stephen R. Woods; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
June 19, 2015, previously published on June 12, 2015
On June 10, 2015, the New York City Council passed the Fair Chance Act (Intro No. 318-A, 2014) by a vote of 45-to-5. The legislation prevents employers from inquiring about job applicants’ criminal arrests and convictions prior to hire. Employers will be permitted to make such inquiries after...

 

HTMLColorado Supreme Court Affirms Right to Discharge Medical Marijuana User Who Tested Positive in Violation of Zero Tolerance Policy
Raul Chacon, Austin E. Smith; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
June 19, 2015, previously published on June 15, 2015
Today, the Colorado Supreme Court issued its long-awaited opinion in Coats v. Dish Network, No. 13SC394 (June 15, 2015). The court held that Colorado’s lawful off-duty conduct statute does not prohibit employers from discharging employees who choose to use marijuana for medical purposes...

 

HTMLMassachusetts Attorney General Issues Revised “Safe Harbor” Delaying Full Implementation of New Earned Sick Time Law and Required Posting
David P. Mason; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
June 19, 2015, previously published on June 12, 2015
On June 10, 2015, the Massachusetts Attorney General’s Office (AGO) issued two important new documents for employers concerning implementation of the new earned sick time law that goes into effect on July 1, 2015. The AGO has held public hearings and listening sessions concerning the proposed...

 

HTML“Fair Pay and Safe Workplaces” Guidance Explains Broad Labor Reporting Requirements for Federal Contractors
Harold P. Coxson, Dara L. DeHaven, Leigh M. Nason, Alfred B. Robinson; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
June 18, 2015, previously published on May 28, 2015
Today, the U.S. Department of Labor (DOL) published proposed guidance addressing the controversial Fair Pay and Safe Workplaces Executive Order 13673, which President Obama signed on July 31, 2014 (80 Fed. Reg. 30574 (May 28, 2015)). The Federal Acquisition Regulatory (FAR) Council also issued...

 

HTMLDespite Fewer Citations Issued Since 2008, the Percentage of “Significant and Substantial” Citations Is Holding Steady
Margaret S. Lopez; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
June 18, 2015, previously published on June 3, 2015
The Mine Safety and Health Administration (MSHA) recently released mining industry and enforcement data that reflects noteworthy changes the industry has experienced over the last six years. Of particular significance in the data from an enforcement perspective is the fact that, while the overall...

 

HTMLMassachusetts Supreme Judicial Court Issues Two Significant Opinions for Employers
Rachel Reingold Mandel, Diane M. Saunders, Andrew E. Silvia; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
June 18, 2015, previously published on May 28, 2015
In April 2015, the Supreme Judicial Court of Massachusetts issued two important decisions providing guidance for employers on the scope of Massachusetts’s wage and hour laws. In one decision, the Court held that employers may institute no-tipping policies in the Commonwealth without violating...

 

HTMLFifth Circuit Finds Settlement Agreement Did Not Release Employees’ FLSA Claims
Tiffany L. Cox; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
June 17, 2015, previously published on June 11, 2015
In Bodle v. TXL Mortgage Corp., No. 14-20224 (June 1, 2015), the Fifth Circuit Court of Appeals held that a generic, broad-form settlement release between an employer and two of its former employees did not bar those employees’ subsequent lawsuit under the Fair Labor Standards Act (FLSA) for...

 

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...

 

HTMLRetaliation in the Fourth Circuit: Recent Decision Creates New Challenges for Employers
Tevis Marshall; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
June 16, 2015, previously published on June 8, 2015
In May 2015, the Fourth Circuit Court of Appeals (which has jurisdiction over federal courts in Maryland, West Virginia, Virginia, North Carolina, and South Carolina) issued an opinion with negative consequences for employers facing claims of retaliation. In Foster v. University of Maryland-Eastern...

 

HTMLTips for Lawfully Hiring Teenagers for Summer Jobs in California
Christopher W. Olmsted; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
June 16, 2015, previously published on June 9, 2015
Summer is almost here and many teenagers will be hitting the workforce to earn a few extra dollars. Companies that hire teenagers should be aware that state and federal law restricts the employment of minors or “child labor.”

 


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