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HTMLOFCCP Notice of Proposed Extension of Record-Keeping Requirements for Construction Contractors
T. Scott Kelly, Samantha K. Smith; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
September 11, 2014, previously published on September 8, 2014
On September 2, 2014, the Office of Federal Contract Compliance Programs (OFCCP) published in the Federal Register a proposed renewal of the current record-keeping, notice, and reporting requirements imposed by Executive Order 11246 for federal construction contractors and subcontractors. The...

 

HTMLRhode Island Enacts Employee Social Media Privacy Legislation
Katherine G. Rigby, Todd M. Torres; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
September 11, 2014, previously published on September 3, 2014
Rhode Island has recently enacted legislation intended to protect job applicants’ and employees’ social media accounts and information. The new law prohibits employers from requiring job applicants or employees to disclose their social media passwords or from requiring applicants or...

 

HTMLCalifornia Legislative Update: August 2014
Ameneh K. Ernst; Ogletree Deakins Nash Smoak Stewart P.C.;
Legal Alert/Article
September 4, 2014, previously published on August 28, 2014
In August 2014, California Governor Jerry Brown signed into law a number of bills that will impact the employer community. A brief summary of these new laws, along with links to the bills, can be found below.

 

HTMLHappy 40th Birthday, ERISA!
Christina Maistrellis Broxterman, Laura M. Summers; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
September 4, 2014, previously published on September 2, 2014
Today, ERISA turns 40! It is hard to believe that the Employee Retirement Income Security Act (ERISA), the law that ignited pension reform in the United States, has been around for four decades. To celebrate the law’s long, lively journey since its birth on Labor Day 1974, we have compiled...

 

HTMLCalifornia Court Determines Arbitrator Must Decide Whether Class Claims Are Subject to Arbitration Agreement
Christopher W. Olmsted; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
September 4, 2014, previously published on September 2, 2014
When an employee who has signed an arbitration agreement files a lawsuit alleging individual claims along with class action claims, and the trial court has ordered him to take his individual claims to arbitration, what happens to the class claims? A California appellate court recently addressed...

 

HTMLTennessee Court Of Appeals Issues New Guidance On Trade Secret Issues
William Rutchow; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
September 2, 2014, previously published on August 28, 2014
On August 19, 2014, the Tennessee Court of Appeals became the first Tennessee appellate court to address the scope to which Tennessee’s Uniform Trade Secret Act (TUTSA) preempts common law claims related to unfair competition and misuse of confidential information. In Ram Tool & Supply...

 

HTMLThe Franchise System in Peril: Joint Employer Status and the NLRB
Mark G. Kisicki, Colton D. Long; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
September 2, 2014, previously published on August 29, 2014
Over the past few months, the National Labor Relations Board (NLRB) has taken a series of steps to dramatically broaden the long-standing standard of when a wholly-independent company (e.g., a primary contractor or franchisor) will be deemed a joint employer of the employees of another company...

 

HTMLBREAKING NEWS: California Legislature Passes Mandatory Paid Sick Leave Bill
Hera S. Arsen, Charles L. Thompson; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
September 2, 2014, previously published on August 31, 2014
On Saturday, August 30, 2014, in the early morning hours and amid controversy among labor supporters, the California legislature passed a bill that provides workers with three paid sick days per year. Governor Brown enthusiastically endorsed the law’s passage and is expected to sign it very...

 

HTMLA Bird’s Eye View of the DFEH: An Interview with Patti Perez (Part 2)
Ameneh K. Ernst; Ogletree Deakins Nash Smoak Stewart P.C.;
Legal Alert/Article
September 1, 2014, previously published on August 28, 2014
In part one of our interview with Patti Perez, Esq., SPHR, president and CEO of Puente Consulting, and member of the DFEH’s Fair Employment and Housing Council, Perez shared insights on her role as a DFEH councilmember and discussed proposed changes to the California Family Rights Act (CFRA)....

 

HTMLCalifornia Court Interprets Vague Language in Arbitration Agreement in Favor of Employee
Ameneh K. Ernst; Ogletree Deakins Nash Smoak Stewart P.C.;
Legal Alert/Article
September 1, 2014, previously published on August 28, 2014
Rebolledo v. Tilly’s Inc., No. G048625 (July 8, 2014): In a recent decision, a California Court of Appeal held that an employer cannot compel arbitration of a wage claim when the language in the parties’ arbitration agreement excluded wage and hour claims. The court held that a...

 


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