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HTMLTwice in Two Years: California Expands the Fair Pay Act for the Second Consecutive Year
Lisa Mireille Bowman, Sarah R. Nichols; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
December 28, 2016, previously published on December 6, 2016
Starting January 1, 2017, companies of all sizes doing business in California will need to take extra care to ensure they are not paying employees differently based on their race or ethnicity or basing new employees’ compensation solely on their prior salary. California Governor Jerry Brown...

 

HTMLFifth Circuit Agrees to Fast Track Overtime Appeal
Steven F. Pockrass; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
December 28, 2016, previously published on December 9, 2016
On December 8, 2016, the U.S. Court of Appeals for the Fifth Circuit announced that it will fast track the appeal of a nationwide preliminary injunction that blocks the U.S. Department of Labor (DOL) from implementing its revisions to overtime rules under the Fair Labor Standards Act (FLSA).

 

HTML2017 Increase to Daily Minimum Wage for Mexico
Stefano Sandoval Malori, Pietro Straulino-Rodriguez; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
December 23, 2016, previously published on December 5, 2016
On December 1, 2016, the Mexican National Commission on Minimum Wages (Comisión Nacional de los Salarios Mínimos or CONASAMI) issued a resolution effecting an increase in the Daily General Minimum Wage (DGMW) applicable for Mexico in 2017. Please bear in mind that for the remainder of...

 

HTMLTwo More New Jersey Towns Pass Paid Sick Leave Ordinances
Richard C. Mariani, Richard C. Mariani, Evan J. Shenkman, Evan J. Shenkman; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
December 23, 2016, previously published on December 2, 2016
Citing the lack of paid sick time for private-sector workers and the goals of reducing health care expenditures and promoting a healthier and more productive workforce, the towns of Morristown and Plainfield, New Jersey, recently adopted ordinances that require private employers to provide paid...

 

HTMLLabor Department Seeks to Fast Track Overtime Appeal
Steven F. Pockrass; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
December 23, 2016, previously published on December 2, 2016
On December 2, 2016, the U.S. Department of Labor (DOL) filed a motion with the U.S. Court of Appeals for the Fifth Circuit seeking to fast track the DOL’s appeal of a nationwide preliminary injunction that blocks the agency from implementing its revisions to overtime rules under the Fair...

 

HTMLLabor Department Announces Intent to Appeal Preliminary Injunction of Overtime Regulations on the Day the Regulations Were to Become Effective
Steven F. Pockrass; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
December 23, 2016, previously published on December 2, 2016
On December 1, 2016, the U.S. Department of Labor (DOL) filed a notice with the U.S. Court of Appeals for the Fifth Circuit announcing its intent to challenge a Texas district court’s issuance of a nationwide preliminary injunction blocking the implementation of revised overtime regulations...

 

HTMLConstruction One-Minute Read: Carefully Crafting Internal Reports
Jonathan Mraunac; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
December 22, 2016, previously published on November 30, 2016
Contractors often prepare internal investigative reports concerning situations that could lead to future litigation. Like most other internal business records, internal reports are discoverable in litigation. Once disclosed externally, an internal report can be damaging to the contractor’s...

 

HTMLLouisiana Supreme Court Bounces Out on Arbitration Clause
Andrew P. Burnside, Lisa Diane Hanchey; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
December 21, 2016, previously published on December 1, 2016
A recent Louisiana Supreme Court decision over the enforceability of an arbitration clause has the justices battling it out. Against well-established precedent favoring arbitration clauses, the court recently found that a provision in an indoor trampoline park’s participant agreement was...

 

HTMLFederal Court in Missouri Holds At-Will Employment Is Not Consideration for Noncompete
Andrew L. Metcalf, Robert W. Stewart; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
December 21, 2016, previously published on December 1, 2016
The end of the year is an opportune time for employers to make sure their noncompete and arbitration agreements are still valid. A recent Missouri federal court decision underscores how difficult it can be to enforce those agreements against at-will employees in Missouri. Durrell v. Tech...

 

HTMLCalifornia Statewide and Local Minimum Wage Rates to Increase in 2017
Christopher W. Olmsted; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
December 14, 2016, previously published on November 29, 2016
The California minimum wage is scheduled to increase on January 1, 2017 to $10.50 per hour for businesses employing 26 or more employees. Small employers with 25 or fewer employees will not see an increase until 2018. The increase is a result of SB-3, which was signed into law earlier this year....

 


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