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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...

 

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...

 

HTMLOFCCP Posts Two New FAQs on Veteran Self-Identification and the VETS-4212 Form
Hera S. Arsen, Leigh M. Nason; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
March 3, 2015, previously published on January 24, 2015
On October 27, 2014, a new reporting form for veterans, the VETS 4212 reporting form, replaced the VETS-100A and VETS-100 Forms. In response to inquiries about contractors’ new requirements as a result of this chance, on January 20, the Office of Federal Contract Compliance Programs (OFCCP)...

 

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...

 

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...

 

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...

 

HTMLSecond Circuit Finds Highly Individualized Damages Inquiry Won’t Spoil Rule 23 Class Wage Claims
P. Kramer Rice; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
March 3, 2015, previously published on February 26, 2015
Roach v. T.L. Cannon Corp., No. 13-3070-cv (2d Cir. Feb. 10, 2015): The Second Circuit Court of Appeals recently vacated and remanded the U.S. District Court for the Northern District of New York’s decision denying class certification to a group of restaurant workers alleging wage violations....

 

HTMLAmendments to Illinois's Eavesdropping Statute Signed Into Law
Kwabena A. Appenteng; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
March 3, 2015, previously published on January 8, 2015
On December 30, 2014, Illinois Governor Pat Quinn signed Senate Bill 1342 into law, amending the Eavesdropping Article of the Illinois Criminal Code (720 ILCS 5/14) that was struck down by the Illinois Supreme Court last year as unconstitutional. (Our April 2014 blog post, “Illinois Supreme...

 

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...

 

HTMLFeb. 2 Deadline Looming to Implement Retroactive Increase in 2014 Mass Transit Benefit Limits
Vicki M. Nielsen; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
March 3, 2015, previously published on January 23, 2015
Affected employers must move quickly to take advantage of a special administrative procedure regarding a retroactive increase in excludable transit benefits enacted on December 19, 2014, under the Tax Increase Prevention Act of 2014 (TIPA). Because affected Internal Revenue Service (IRS)...

 


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