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HTMLNew Position Statement Procedures in Effect at the EEOC
Evan J. Shenkman; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
March 3, 2016, previously published on February 25, 2016
On February 18, 2016, the U.S. Equal Employment Opportunity Commission (EEOC) announced a new nationwide procedure providing for the release of respondent position statements and nonconfidential attachments to charging parties. Previously, this procedure was the norm in some, but not all, EEOC...

 

HTMLNew Year, New Commuter Benefits for New Yorkers: FAQs on the New Law
Hera S. Arsen, Vicki M. Nielsen; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
March 3, 2016, previously published on February 23, 2016
On January 1, 2016, New York City’s Mass Transit Benefits Law, Local Law 53, went into effect, requiring employers with 20 or more full-time employees working in New York City to offer commuter benefits to those full-time employees. Specifically, the law requires employers to offer full-time...

 

HTMLThe SEC’s New “Pay Ratio Disclosure” Rule and What It Means for Your Company
Carole Sobin; Ogletree Deakins Nash Smoak Stewart P.C.;
Legal Alert/Article
March 3, 2016, previously published on February 24, 2016
In August of 2015, the U.S. Securities and Exchange Commission (SEC) issued the Pay Ratio Disclosure Final Rule under the Dodd-Frank Wall Street Reform and Consumer Protection Act. The rule requires a public company to disclose the total pay of its CEO and its median-paid employee, and the ratio...

 

HTMLFederal Contractors and Paid Sick Leave: The DOL Issues an NPRM
Dara L. DeHaven, James J. Murphy, Alfred B. Robinson; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
March 3, 2016, previously published on February 24, 2016
The U.S. Department of Labor (DOL) has released its Notice of Proposed Rulemaking (NPRM) to implement Executive Order 13706, Establishing Paid Sick Leave for Federal Contractors. The NPRM (currently 286 pages in length) will be published in the Federal Register on Thursday, February 25, 2016, and...

 

HTMLWhere Have All the Supervisors Gone? NLRB Further Narrows Definition Under Section 2(11)
Sarah M. Rain; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
March 3, 2016, previously published on February 23, 2016
In its continuing efforts to rewrite federal labor law to benefit unions, the National Labor Relations Board (NLRB) has again narrowed the definition of “supervisor” under Section 2(11) of the National Labor Relations Act (NLRA). In G4S Government Solutions, Inc., 363 NLRB No. 113...

 

HTMLSouth Africa’s Labour Court Rules Garden Leave and Noncompetition Clauses Enforceable
Ryan J. Correia, Diana J. Nehro; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
March 3, 2016, previously published on February 24, 2016
On February 9, 2016, in a victory for South African employers, South Africa’s Labour Court in Johannesburg addressed for the first time the applicability of garden leave in assessing the reasonableness of a post-termination noncompetition covenant (called a “restraint of trade...

 

HTMLProposed “Exit Premium” on Withdrawing From Underfunded Multiemployer Defined Benefit Plans Would Penalize Employers That Played by the Rules
Grace Huang Ristuccia, Thomas Vasiljevich; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
March 3, 2016, previously published on February 18, 2016
Employers withdrawing from an underfunded multiemployer defined benefit pension plan may soon face not only an assessment of withdrawal liability, but also an additional payment called an “exit premium.” The Obama administration’s fiscal year 2017 budget, released on February 9,...

 

HTMLNCAA Sacks Sackos Suit: Why NCAA Student-Athletes Are Not Employees Under the FLSA
Lisa Karen Atkins, John Richard Carrigan; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
March 3, 2016, previously published on February 22, 2016
An Indiana federal court has dismissed Berger v. NCAA et al, a suit brought under the Fair Labor Standards Act by former student-athletes from the University of Pennsylvania (Penn). More commonly known as Sackos, the case was filed against the National Collegiate Athletic Association (NCAA) and...

 

HTMLReligious Accommodation in the Healthcare Industry: What to Do When an Employee’s Beliefs Clash With Job Duties
Elizabeth S. Washko; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
March 2, 2016, previously published on February 25, 2016
Title VII of the Civil Rights Act of 1964 prohibits employers from discriminating against applicants and employees based on their religion, and requires employers to provide a reasonable accommodation of employees’ sincerely held religious beliefs. State laws provide employees and applicants...

 

HTMLAre Hidden Title III Claims Lurking in Your Business?
Amber L. Roller; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
February 18, 2016, previously published on February 10, 2016
With the extraordinary volume of Americans with Disabilities (ADA) Title III claims clogging the courts, and an increase in the number of plaintiffs’ lawyers litigating ADA issues, we can expect to see another flood of Title III cases in 2016. After defending countless “drive-by”...

 


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