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HTMLFICA Tax Student Exemption Resolution: Fifth Circuit Decision About Refunds of FICA Taxes Paid by Medical Residents Stands
Jeanne Ellen Floyd, Vicki M. Nielsen; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
May 15, 2015, previously published on May 8, 2015
FICA taxes, which fund the Social Security program, are not levied on state employees unless a state voluntarily opts in to the program. A state opts in by executing an agreement, commonly referred to as a “section 218 agreement,” with the Social Security Administration. In section 218...

 

HTMLEEOC’S Proposed Wellness Program Regulations Offer Guidance on Confidentiality of Employee Medical Information
John G. Stretton; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
May 15, 2015, previously published on May 8, 2015
On April 20, 2015, the U.S. Equal Employment Opportunity Commission (EEOC) published a much-anticipated proposed rule that seeks to amend the EEOC’s prior regulations with respect to employer “wellness programs” and address the implications of such programs under the Americans...

 

HTMLYou’ve Got Mail: EEOC Rolls Out Online Charge System
David J. Harris; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
May 15, 2015, previously published on May 8, 2015
The U.S. Equal Employment Opportunity Commission (EEOC) has taken its first steps towards moving to an all-digital charge system. On Wednesday, May 6, 2015, the agency announced that 11 of its 53 field offices would begin a pilot program called “Act Digital.” The new online system will...

 

HTMLPhiladelphia Releases Sick Leave Poster
Paul Lancaster Adams, Julie Donahue; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
May 15, 2015, previously published on May 8, 2015
On May 13, 2015, Philadelphia’s paid sick leave ordinance, formally entitled “Promoting Healthy Families and Workplaces,” becomes effective. In addition to the key provisions of the ordinance requiring certain employers to provide employees with up to 40 hours of paid sick leave...

 

HTMLWisconsin Supreme Court Holds That Continued Employment Constitutes Adequate Consideration for Restrictive Covenants
Mark A. Johnson; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
May 15, 2015, previously published on May 11, 2015
The Wisconsin Supreme Court recently issued a decision holding that continued employment is adequate consideration for restrictive covenants. In Runzheimer International, Ltd. v. Friedlen, et al., No. 2013AP1392 (April 30, 2015), the state’s highest court held that an employer’s...

 

HTMLOSHA Announces Final Rule for Confined Spaces in Construction
John F. Martin, Shontell D. Powell; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
May 13, 2015, previously published on May 6, 2015
On May 1, 2015, Dr. David Michaels, the head of the Occupational Safety and Health Administration (OSHA), and Deputy Secretary of Labor Christopher P. Lu announced the issuance of OSHA’s long-awaited Confined Spaces in Construction standard. Prior to issuing this new standard, OSHA had one...

 

HTMLCalifornia Court Finds Arbitration Agreement Did Not Unlawfully Limit Judicial Review
Carmine Joseph Pearl; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
May 13, 2015, previously published on May 4, 2015
Valdez v. Santa Lucia Preserve Co., No. H040685 (March 23, 2015): In an unpublished opinion, the California Court of Appeal for the Sixth Appellate District overturned a trial court’s ruling denying an employer’s motion to compel arbitration. In applying California’s Armendariz...

 

HTMLAutomobile Service Advisers Are Not Exempt Under the FLSA—At Least Not According to the Ninth Circuit
Seth E. Ort; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
May 13, 2015, previously published on May 4, 2015
Navarro v. Encino Motorcars, LLC, No. 13-55323 (March 24, 2015): The plaintiffs in Navarro v. Encino Motorcars, LLC were “service advisors” at a Mercedes Benz dealership. The main duties of service advisors are to evaluate the repair needs of customers’ vehicles and then to...

 

HTMLNew Legislation Promises More Investigations by the New York City Commission on Human Rights
Aaron Warshaw; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
May 13, 2015, previously published on April 30, 2015
On April 20, 2015, New York City Mayor Bill de Blasio signed two new bills into law that authorize the New York City Commission on Human Rights to increase the number of employment discrimination investigations.

 

HTMLWhen is a Background Search not a Background Search?
Maria Greco Danaher; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
May 13, 2015, previously published on May 5, 2015
The Fair Credit Reporting Act (FCRA) was enacted to insure that consumer reporting agencies act with “fairness, impartiality, and respect for the consumer’s right to privacy.” But one federal court held recently that LinkedIn’s search technology does not make that site a...

 


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