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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...

 

HTMLGovernor Cuomo Seeks to Increase New York Minimum Wage for Fast Food Workers
P. Kramer Rice; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
May 15, 2015, previously published on May 12, 2015
On May 7, 2015, Governor Andrew M. Cuomo announced the empanelling of a New York State Wage Board directed to investigate and make recommendations on increasing the minimum wage in the fast food industry. Both Governor Cuomo and Acting New York Commissioner of Labor Mario J. Musolino have stated...

 

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...

 

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...

 

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.

 

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...

 

HTMLCalifornia Court of Appeal Reminds Employers About the Importance of Thorough Harassment Investigations
Jaclyn A. Simi; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
May 13, 2015, previously published on May 4, 2015
Dawson v. Country Club of Rancho Bernardo, No. D064654 (March 23, 2015): In an unpublished opinion, a California Court of Appeal reversed an order granting summary judgment in favor of the employer, Country Club of Rancho Bernardo, in a food and beverage manager’s sexual harassment case...

 

HTMLCalifornia Employer Successful in Arbitration Policy Dispute
Serafin Tagarao; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
May 13, 2015, previously published on May 4, 2015
Serafin v. Balco Properties Ltd., LLC, No. A141358 (March 16, 2015): The California Court of Appeal for the First Appellate District recently upheld an arbitration award in favor of an employer despite the employee’s arguments that (1) she never entered into a binding agreement to arbitrate...

 


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