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HTMLProtected Concerted Activity on Facebook: The NLRB “Likes” This
John T. Merrell; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
September 11, 2014, previously published on September 8, 2014
The National Labor Relations Board (NLRB) continues to expand its interpretation of the forms of employee online behavior that constitute protected concerted activity under the National Labor Relations Act. Recently, in Three D, LLC d/b/a Triple Play Sports Bar and Grille, 361 NLRB No. 31 (August...

 

HTMLFederal OSHA Proposes to Take Over Enforcement of Construction Standards in Arizona
Christopher M. Pastore; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
September 11, 2014, previously published on September 4, 2014
On August 21, 2014, the federal Occupational Safety and Health Administration (OSHA) proposed to revoke its approval of Arizona’s state occupational health and safety plan with respect to construction. If OSHA follows through on this proposal, Arizona employers that are engaged in...

 

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 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.

 

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...

 

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...

 

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...

 

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...

 

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...

 

HTMLCalifornia Supreme Court: Holding Franchisor Liable as Employer Depends on Level of Control Over Day-to-Day Employment Decisions
Ameneh K. Ernst; Ogletree Deakins Nash Smoak Stewart P.C.;
Legal Alert/Article
September 1, 2014, previously published on August 28, 2014
Patterson v. Domino’s Pizza, LLC, No. S204543 (August 28, 2014): On August 28, 2014, the California Supreme Court issued a decision holding that a franchisor that did not exhibit the characteristics of an “employer” was not vicariously liable for the wrongful conduct that one...

 


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