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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...

 

HTMLIdentify Yourself! Deadline for Health Plan Identifiers is Fast Approaching
Lucas J. Asper, Stephanie Alden Smithey, Timothy G. Verrall; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
September 30, 2014, previously published on September 26, 2014
One of the lesser-known health plan requirements adopted by the Patient Protection and Affordable Care Act (ACA) has an initial deadline that is fast approaching, and most employers will need to take action to ensure that their group health plans remain in compliance. As discussed below, the ACA...

 

HTMLIs the Los Angeles Minimum Wage Increasing to $13.25 per Hour?
Hera S. Arsen; Ogletree Deakins Nash Smoak Stewart P.C.;
Legal Alert/Article
September 26, 2014, previously published on September 12, 2014
On Monday, September 1 in a Labor Day speech, Los Angeles Mayor Eric Garcetti announced his proposal to increase the city’s minimum wage to $13.25 per hour by 2017, and to tie the minimum wage to the Consumer Price Index going forward. California’s minimum wage increased this summer to...

 

HTMLCalifornia Appellate Court Rules That California’s Prevailing Wage Laws Do Not Apply to Off-Site Fabrication
Robert R. Roginson; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
September 26, 2014, previously published on September 19, 2014
On August 27, 2014, the California Court of Appeal issued its decision in the long-anticipated Russ-Will case, Sheet Metal Workers’ International Association, Local 104 v. Duncan; Russ Will Mechanical, Inc., Court of Appeal of the State of California, First Appellate District, Division Three,...

 

HTMLIs Your Arbitration Agreement Still Enforceable in Missouri After Baker v. Bristol Care, Inc.?
Andrew L. Metcalf, Eric A. Todd; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
September 25, 2014, previously published on September 22, 2014
This summer, the Missouri Supreme Court issued a decision that will affect arbitration agreements relied on by employers across the state. The decision—one of many in a recent trend of Missouri cases restricting the enforceability of arbitration clauses—serves as a cautious reminder for...

 

HTMLNational Mediation Board Rejects Jurisdiction Over Airline Service Provider
Elizabeth Dougherty; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
September 25, 2014, previously published on September 24, 2014
On September 11, 2014, the National Mediation Board (NMB), in a split decision, refused to exercise jurisdiction over an airline service provider performing cabin cleaning services for an airline at John F. Kennedy International Airport. The decision in Airway Cleaners, LLC, 41 NMB 262 (2014),...

 

HTMLNCAA’s Limits on Athletes’ Compensation for Use of Their Names or Likenesses Violates Antitrust Laws
Jesse C. Ferrantella; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
September 25, 2014, previously published on September 22, 2014
The National Collegiate Athletic Association’s (NCAA) fundamental beliefs about the role of student-athletes and its economic model just received a partial rebuke from the courts. On August 8, 2014, a federal judge ruled that the NCAA’s rule prohibiting student-athletes from being...

 

HTMLWhite House Announces New EEOC Nomination
Hera S. Arsen; Ogletree Deakins Nash Smoak Stewart P.C.;
Legal Alert/Article
September 25, 2014, previously published on September 19, 2014
On September 15, the White House announced that President Obama’s nomination of Charlotte A. Burrows to the post of Commissioner of the U.S. Equal Employment Opportunity Commission (EEOC) had been sent to the U.S. Senate. The announcement came just a few days after President Obama expressed...

 

HTMLRecent Changes to California Laws—the Healthcare Perspective
Mary E. Wright; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
September 25, 2014, previously published on September 23, 2014
The efforts made by professional athletes seeking workers’ compensation benefits for injuries that they sustained on the playing field has resulted in a considerable amount of drama in the press. As a result, the California legislature has amended the state Workers’ Compensation Act to...

 

HTMLWhat Is a Sincere Religious Belief? The Fifth Circuit Weighs In On a Religious Discrimination Claim
Curtis G. Fox; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
September 25, 2014, previously published on September 10, 2014
In a 2-to-1 decision written by Judge Edward Prado, the Fifth Circuit Court of Appeals recently chimed in on an employee’s claim that her employer failed to accommodate a religious observance, for which “she believed strongly that she ‘needed’ to be at church . . . as a...

 


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