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HTMLNew IRS Guidance May Require Amendments to Section 125 (“Cafeteria”) Plans
Christina M. Crockett; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
December 2, 2014, previously published on October 30, 2014
Many employers permit employees to pay for employer-sponsored health coverage, on a pre-tax basis, under Internal Revenue Code section 125 (“cafeteria”) plans. These plans generally require employees to make an irrevocable election to participate before the beginning of the health...

 

HTMLCalifornia’s Voting Leave Law: Employers’ Obligations as Election Day Approaches
Albert C. Nicholson; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
December 2, 2014, previously published on October 30, 2014
As Election Day quickly approaches, California employers are reminded that the state voting leave law allows employees to take time off to vote in a statewide election.

 

HTMLThe Massachusetts Commission Against Discrimination Provides Tips for Employers
Diane M. Saunders; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
December 2, 2014, previously published on November 5, 2014
On October 23, 2014, the Boston office hosted Commissioner Sunila Thomas-George, Commissioner Charlotte Golar Richie, and General Counsel Constance McGrane of the Massachusetts Commission Against Discrimination (MCAD) at its semi-annual Breakfast Briefing. The MCAD commissioners and general counsel...

 

HTMLCalifornia Court Finds Lack of Evidence Undermines False Claims Act and Retaliation Claims
Margaret Hutchins Campbell, Jesse C. Ferrantella; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
December 2, 2014, previously published on October 28, 2014
The Southern District of California recently issued a favorable ruling for employers under both the False Claims Act and California’s retaliatory discharge provision codified at California Labor Code section 1102.5. The court not only rejected the relator’s claims, but it also resolved...

 

HTMLDon’t Let Your Office Halloween Party “Unmask” Racial Insensitivity
Hera S. Arsen, J.D., Ph.D.; Ogletree Deakins Nash Smoak Stewart P.C.;
Legal Alert/Article
December 2, 2014, previously published on October 30, 2014
Employers may view Halloween celebrations at work as a no-brainer: Annual October office parties are often great boosts to employee morale, encouraging community, healthy competition, and team-building as participants eat, drink, carve pumpkins, or vote on outfits in costume contests. But...

 

HTMLIRS Acts Quickly to Facilitate Donations for Ebola Victims and Offer Tax Relief
Ruthie L. Goodboe, David S. Rosner; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
December 1, 2014, previously published on November 6, 2014
While employers and employees alike are asking questions about the proper workplace response to the Ebola outbreak in West Africa, these same folks are also asking how they can help the victims, their families and those who care for them. Fortunately, on October 29, the Internal Revenue Service...

 

HTMLFAAAA Does Not Preempt California Meal and Rest Period Requirements
Robert R. Roginson; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
December 1, 2014, previously published on November 6, 2014
In Godfrey v, Oakland Port Services Corp., which was decided on October 28, 2014, the California Court of Appeal issued a published decision holding that the Federal Aviation Administration Authorization Act of 1994 (FAAAA) does not preempt California’s meal and rest period requirements. The...

 

HTMLCalifornia Legislation 2014
Ameneh K. Ernst, Christopher W. Olmsted; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
December 1, 2014, previously published on October 30, 2014
California Governor Jerry Brown has 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.

 

HTMLD.C. Voters Approve Recreational Marijuana Ballot Initiative
Zachary S. Stinson; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
December 1, 2014, previously published on November 6, 2014
On November 4, 2014, voters approved a law legalizing recreational marijuana use in the District of Columbia. D.C. joins Alaska, Oregon, Colorado, and Washington in approving marijuana for recreational use.

 

HTMLCalifornia Court Overturns Employee’s Jury Verdict in Reverse Discrimination Case
Ameneh K. Ernst; Ogletree Deakins Nash Smoak Stewart P.C.;
Legal Alert/Article
November 28, 2014, previously published on November 24, 2014
Norton v. San Bernardino City Unified School District, No. G049496 (October 9, 2014): A California Court of Appeal recently overturned a jury verdict against an employer on the basis that the jury was incorrectly instructed to decide whether race was a motivating factor in the employee’s...

 


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