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HTMLA WARN Case Study: Are Workers on Layoff “Employees” and the Hidden Dangers of Exposing Controlled Groups to Liability
Stanley G. Schroeder; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
March 19, 2015, previously published on February 8, 2015
Last week the U.S. District Court in Cleveland issued a decision that, once again reminds us in two ways how devilishly tricky the Worker Adjustment and Retraining Notification (WARN) Act can be when determining what is a covered employer and who is liable for a violation of the Act. Blough v....

 

HTMLIt’s Time to Post the OSHA 300A Annual Summary of Illnesses and Injuries
John C. Artz, John F. Martin; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
March 19, 2015, previously published on February 6, 2015
The Occupational Safety and Health Administration’s (OSHA) Form 300A, which lists a summary of the total number of job-related injuries and illnesses that occurred during 2014 at each workplace, must be posted between February 1 and April 30, 2015. Place it in a conspicuous location where...

 

HTMLDelegation: Ask Permission, Beg Forgiveness, or Practice “Per-Giveness”?
Jathan Janove; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
March 16, 2015, previously published on January 4, 2015
As a boss, have you ever been frustrated by employees who either (a) kept you in the dark or (b) sought your approval for everything?

 

HTML#SOTU2015: Employment, Immigration, Cyber Safety, and Education in a New Era
Hera S. Arsen; Ogletree Deakins Nash Smoak Stewart P.C.;
Legal Alert/Article
March 10, 2015, previously published on January 20, 2015
On the evening of January 20, 2015, President Obama delivered his sixth State of the Union address in the chamber of the U.S. House of Representatives with Supreme Court justices, members of Congress, the president’s cabinet, and special guests in attendance. The speech comes in the midst of...

 

HTMLNew Jersey “Ban the Box” Regulations Are on the Way
Mark Diana, Christopher G. Elko; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
March 3, 2015, previously published on February 27, 2015
On February 25, 2015, the New Jersey Department of Labor and Workforce Development (NJDOL) published draft proposed regulations to implement the New Jersey Opportunity to Compete Act, otherwise known as the “ban the box” law. The Act, which restricts when in the hiring process an...

 

HTMLPhiladelphia Mayor Signs New "Promoting Healthy Families and Workplaces" Ordinance
Richard W. Diaz, Julie Donahue; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
March 3, 2015, previously published on February 16, 2015
On February 12, 2015, Philadelphia Mayor Michael Nutter signed legislation requiring certain employers in the city of Philadelphia to provide up to five days of paid sick leave each calendar year to their employees. The ordinance, titled “Promoting Healthy Families and Workplaces,” goes...

 

HTMLPAGA Representative Claims Remain Alive After SCOTUS Denies Iskanian Review
Hera S. Arsen; Ogletree Deakins Nash Smoak Stewart P.C.;
Legal Alert/Article
March 3, 2015, previously published on January 20, 2015
This morning, the Supreme Court of the United States declined review of a state supreme court case that has sparked widespread flux in the landscape of class action arbitration waivers in California. In Iskanian v. CLS Transportation Los Angeles, LLC, S204032 (June 23, 2014), the Supreme Court of...

 

HTMLPresident Obama Proposes Legislation Requiring Businesses to Notify Customers of Data Security Breaches Within 30 Days
Andrew E. Silvia; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
March 3, 2015, previously published on January 13, 2015
In a speech given before the Federal Trade Commission (FTC) on Monday, January 12, President Obama proposed federal legislation that would impose a nationwide standard on companies that experience a data security breach. The proposed Personal Data Notification and Protection Act would require...

 

HTMLFifth Circuit Adopts Standard in Disability Cases That Will Make it Harder for Employers to Obtain Summary Judgment
Lawrence D. Smith; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
March 3, 2015, previously published on January 6, 2015
In Equal Employment Opportunity Commission v. LHC Group Inc., the Fifth Circuit Court of Appeals evaluated a trial court’s grant of summary judgment to an employer on an employee’s disability discrimination claims. In reaching its decision on the disability discrimination claim related...

 

HTMLMisclassification Initiatives Spread As Florida Signs Formal Pact with DOL
William J. Cantrell, Margaret Santen Hanrahan; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
March 3, 2015, previously published on January 16, 2015
On January 13, 2015, the U.S. Department of Labor’s (DOL) Wage and Hour Division and the Florida Department of Revenue’s General Tax Administration (FDOR) entered into a memorandum of understanding (MOU) in which they agreed to share information on independent contractor...

 


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