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HTMLMassachusetts Noncompete Bill Advances, but Passage Remains Uncertain
Robert M. Shea, Andrew E. Silvia; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
June 8, 2016, previously published on May 20, 2016
In March, we reported that Massachusetts House Speaker Robert A. DeLeo had announced his support for legislative restrictions on employee noncompetition agreements, signaling a potential turning point in the long-running debate in Massachusetts over whether noncompetes should be banned or...

 

HTMLInternational Crackdown: Tax Authorities Look to Employment Structures in Initiating Audits
Rebecca L. Marks, Bonnie Puckett; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
June 8, 2016, previously published on May 26, 2016
In structuring their workforces abroad, taxes are a major driving force for employers—and if recent government initiatives are any indicator, employers should take care when considering the tax implications of their staffing decisions.

 

HTMLWhat Do the Obama Administration’s Overtime Regulations Mean for California Employers?
Robert A. Jones, Robert R. Roginson; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
June 8, 2016, previously published on May 23, 2016
On May 18, 2016, the U.S. Department of Labor (DOL) released its long-anticipated revisions to the federal overtime regulations governing the so-called white-collar exemptions to the federal Fair Labor Standards Act (FLSA). Most notably, the revisions more than double the minimum salary threshold...

 

HTML“Benching” Is Not Just for Athletes: A Timely Review of H-1B Wage Requirements
Jordan C. Mendez; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
June 8, 2016, previously published on May 27, 2016
United States Citizenship and Immigration Services (USCIS) has started to notify employers of whether their H-1B petitions were selected in USCIS’s fiscal year 2017 random selection process, or “lottery,” that took place in April of 2016. Approximately 85,000 H-1B workers selected...

 

HTMLWatch Your Words: Can A Stray Comment Sink an Employer’s FMLA Defense?
Patrick M. Curran, Todd M. Torres; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
June 8, 2016, previously published on May 19, 2016
The plaintiff in Esler v. Sylvia-Reardon, Marie Esler, requested four weeks of leave in November of 2008 due to symptoms associated with a blood disorder; her employer, Massachusetts General Hospital, approved the leave. During her leave, and in accordance with her doctor’s instructions that...

 

HTMLHow Much Harm Is Enough? SCOTUS Tackles Standing to Sue
Hera S. Arsen, Gustavo A. Suárez; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
June 3, 2016, previously published on May 16, 2016
On May 16, 2016, the Supreme Court of the United States decided a case, Spokeo, Inc. v. Robins, (No. 13-1339), involving standing to maintain an action in federal court. In the Spokeo case, an individual claimed that a search engine company willfully failed to comply with the Fair Credit Reporting...

 

HTMLEEOC Issues Final Rules on Employer Wellness Programs
Jeanne Ellen Floyd, Karen Trapnell Shriver; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
May 30, 2016, previously published on May 16, 2016
On May 16, 2016, the U.S. Equal Employment Opportunity Commission (EEOC) issued final rules on employer-sponsored wellness programs. The final rules clarify the EEOC’s position on wellness plan compliance with the Americans with Disabilities Act (ADA) and Title II of the Genetic Information...

 

HTMLNew OT Regs About to be Published: Employers to Face a Dramatic Increase in Minimum Salary Requirement for Major Exemptions
Steven F. Pockrass; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
May 30, 2016, previously published on May 17, 2016
The new minimum salary level for the executive, administrative, and professional employee exemptions under the Fair Labor Standards Act (FLSA) will be $913 per week, or $47,476 per year, under final regulations that will be released on Wednesday, May 18, 2016, by the U.S. Department of Labor (DOL)....

 

HTMLNYC Issues Guidance on Protections for Pregnant Employees
Melissa Jill Osipoff; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
May 30, 2016, previously published on May 18, 2016
On May 6, 2016, the New York City Commission on Human Rights issued guidance that defines what constitutes pregnancy discrimination under the New York City Human Rights Law (NYCHRL), and provides clear examples of when and how employers should make accommodations for employees based on pregnancy,...

 

HTMLThe DOL's New Final Overtime Rule Is Likely To Be Released on Wednesday
Hera S. Arsen, Alfred B. Robinson; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
May 30, 2016, previously published on May 16, 2016
The U.S. Department of Labor’s (DOL) Wage and Hour Division delivered its proposed final revisions to the Fair Labor Standards Act’s (FLSA’s) Part 541 overtime regulations to the Office of Information and Regulatory Affairs (OIRA) of the Office of Management and Budget (OMB) two...

 


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