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HTMLVirgin Islands Supreme Court Addresses Wrongful Discharge Act and Other Statutory Causes of Action
Simone R. D. Francis; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
March 3, 2015, previously published on February 16, 2015
In a unanimous decision, the Supreme Court of the Virgin Islands held that the Wrongful Discharge Act (WDA) provides a remedy not only when an individual is discharged or resigns under circumstances that are alleged to constitute a constructive discharge, but also when the individual is demoted...

 

HTMLCourt Stays New FLSA Companionship Regulation From Going Into Effect
Robert R. Roginson, Carolyn E. Sieve; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
March 3, 2015, previously published on January 6, 2015
The court in Home Care Association of America v. Weil dealt another setback to the U.S. Department of Labor’s (DOL) amendments to the Fair Labor Standards Act’s (FLSA) regulations affecting home health care businesses. On December 31, 2014, the court issued an order temporarily staying...

 

HTMLImmigration Spotlight: Global Immigration Alert (Colombia): New TP-15 Nonimmigrant Visa Category to Benefit Non-Mercosur Dependents in Colombia
Ogletree Deakins Nash Smoak Stewart P.C.;
Legal Alert/Article
March 3, 2015, previously published on February 4, 2015
Effective immediately, family members of Argentinians, Bolivians, Brazilians, Chileans, Ecuadorians, Paraguayans, Peruvians, and Uruguayans (“Mercosur nationals” with the exception of Venezuelans) are eligible applicants for dependent status under Colombia’s new TP-15 visa...

 

HTMLNew Year's Resolutions for the California HR Manager
Christopher W. Olmsted; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
March 3, 2015, previously published on January 16, 2015
So what’s it going to be for 2015? Get up and run three miles every morning? Finally pay off those credit cards? Learn to speak French? Before you finish the list of New Year’s resolutions, consider adding a few on the human resources front. Below are a few recommendations for HR...

 

HTMLIndependent Contractor . . . or Not? DOL and Wisconsin DWD Team Up to Reduce Employee Misclassification
Keith E. Kopplin; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
March 3, 2015, previously published on January 26, 2015
On January 20, 2015, the U.S. Department of Labor (DOL) announced that Wisconsin had become the latest state to join the “Misclassification Initiative,” which is designed to protect the rights of employees “by preventing their misclassification as independent contractors or other...

 

HTMLTen New Year's Resolutions Retail Employers Should Consider Making in 2015
Diane M. Saunders; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
March 3, 2015, previously published on January 13, 2015
Now that the busy 2014 holiday shopping season is over and the new year has begun, it’s a good time for retail employers to take a breath and think about 2015—what’s coming, what issues they should be watching, and what should be on their “to do” lists for the new...

 

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...

 

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...

 

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...

 

HTMLMartial Arts & Legal Ethics
Jathan Janove; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
March 3, 2015, previously published on January 29, 2015
Years ago, I studied Karate. Karate is defensive. My Sensei used to say, “The best fight is the one you avoid.” Yet we were drilled endlessly on block-strike techniques. The attack comes; you block it; and then you strike your attacker. In real life, this can mean injuring or even...

 


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