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HTMLWatch Your Words: Can A Stray Comment Sink an Employer’s FMLA Defense?
Patrick M. Curran, Todd M. Torres; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
June 8, 2016, previously published on May 19, 2016
The plaintiff in Esler v. Sylvia-Reardon, Marie Esler, requested four weeks of leave in November of 2008 due to symptoms associated with a blood disorder; her employer, Massachusetts General Hospital, approved the leave. During her leave, and in accordance with her doctor’s instructions that...

 

HTMLWhat Do the Obama Administration’s Overtime Regulations Mean for California Employers?
Robert A. Jones, Robert R. Roginson; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
June 8, 2016, previously published on May 23, 2016
On May 18, 2016, the U.S. Department of Labor (DOL) released its long-anticipated revisions to the federal overtime regulations governing the so-called white-collar exemptions to the federal Fair Labor Standards Act (FLSA). Most notably, the revisions more than double the minimum salary threshold...

 

HTMLSCOTUS Rules Notice of Resignation Starts the Clock in a Federal Employee’s Constructive Discharge Case
Hera S. Arsen, Ph.D.; Ogletree Deakins Nash Smoak Stewart P.C.;
Legal Alert/Article
June 8, 2016, previously published on May 23, 2016
On May 23, 2016, the Supreme Court of the United States decided when the limitations period for filing a lawsuit begins to run for a federal employee claiming he or she resigned—or was “constructively discharged”—due to discrimination in violation of Title VII of the Civil...

 

HTMLRipped From the Headlines: Three Investigation Lessons to Learn From a Political Controversy
Patricia Chavarria Perez; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
June 8, 2016, previously published on May 19, 2016
Another day, another political scandal involving a politician accused of having had an extramarital affair. The latest such story concerns an alleged inappropriate relationship that the governor of Alabama had with a top aide—once again raising issues related to investigating allegations of...

 

HTMLInternational Crackdown: Tax Authorities Look to Employment Structures in Initiating Audits
Rebecca L. Marks, Bonnie Puckett; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
June 8, 2016, previously published on May 26, 2016
In structuring their workforces abroad, taxes are a major driving force for employers—and if recent government initiatives are any indicator, employers should take care when considering the tax implications of their staffing decisions.

 

HTMLHow Much Harm Is Enough? SCOTUS Tackles Standing to Sue
Hera S. Arsen, Gustavo A. Suárez; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
June 3, 2016, previously published on May 16, 2016
On May 16, 2016, the Supreme Court of the United States decided a case, Spokeo, Inc. v. Robins, (No. 13-1339), involving standing to maintain an action in federal court. In the Spokeo case, an individual claimed that a search engine company willfully failed to comply with the Fair Credit Reporting...

 

HTMLNew One-Stop Online Employment Resource for Veterans and Employers
Dara L. DeHaven; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
May 30, 2016, previously published on May 17, 2016
On May 2, 2016, the U.S. Department of Labor’s (DOL) Veterans’ Employment and Training Service launched a one-stop online resource for employment services for veterans. The new website, Veterans.gov, brings together job banks, state employment offices, American Job Centers,...

 

HTMLThe DOL's New Final Overtime Rule Is Likely To Be Released on Wednesday
Hera S. Arsen, Alfred B. Robinson; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
May 30, 2016, previously published on May 16, 2016
The U.S. Department of Labor’s (DOL) Wage and Hour Division delivered its proposed final revisions to the Fair Labor Standards Act’s (FLSA’s) Part 541 overtime regulations to the Office of Information and Regulatory Affairs (OIRA) of the Office of Management and Budget (OMB) two...

 

HTMLNew OT Regs About to be Published: Employers to Face a Dramatic Increase in Minimum Salary Requirement for Major Exemptions
Steven F. Pockrass; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
May 30, 2016, previously published on May 17, 2016
The new minimum salary level for the executive, administrative, and professional employee exemptions under the Fair Labor Standards Act (FLSA) will be $913 per week, or $47,476 per year, under final regulations that will be released on Wednesday, May 18, 2016, by the U.S. Department of Labor (DOL)....

 

HTMLEEOC Issues Final Rules on Employer Wellness Programs
Jeanne Ellen Floyd, Karen Trapnell Shriver; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
May 30, 2016, previously published on May 16, 2016
On May 16, 2016, the U.S. Equal Employment Opportunity Commission (EEOC) issued final rules on employer-sponsored wellness programs. The final rules clarify the EEOC’s position on wellness plan compliance with the Americans with Disabilities Act (ADA) and Title II of the Genetic Information...

 


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