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HTMLMinneapolis Passes Paid Sick and Safe Leave Ordinance
Natalie Ingraham Wyatt-Brown; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
July 13, 2016, previously published on June 23, 2016
On May 27, 2016, after more than six months of public discussion, the Minneapolis City Council unanimously approved an ordinance that will require all employers in the city to provide paid sick and safe leave to most workers. This adds to the patchwork of five states, 23 cities, and one county with...

 

HTMLMinnesota Court Finds Persuader Rule Has Substantial Likelihood of Being Overturned
Harold P. Coxson; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
July 12, 2016, previously published on June 22, 2016
On June 22, 2016, in Labnet, Inc. v. U.S. Department of Labor, the U.S. District Court for the District of Minnesota issued the first decision arising out of three separate lawsuits seeking preliminary injunctions blocking the DOL from implementing its revised "persuader activity" rule....

 

HTMLData Security Safeguards Can Help Healthcare Employers Withstand Cyberattacks—and Government Audits
Stephen A. Riga; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
July 12, 2016, previously published on June 20, 2016
The last couple of years have brought a steady rain of bad news for the healthcare industry when it comes to data security: Insurers faced with massive data breaches affecting thousands of health plans and millions of individuals. Hospitals having to choose between paying cybercriminals or...

 

HTMLJocks and Docs: Classifying Postdocs and Coaches Under the DOL’s New Rules
Lisa Karen Atkins, Kelly S. Hughes; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
July 12, 2016, previously published on June 22, 2016
On May 18, 2016, the Wage and Hour Division (WHD) of the U.S. Department of Labor (DOL) issued its final rule, “Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Outside Sales and Computer Employees,” under the Fair Labor Standards Act (FLSA). The rule...

 

HTMLTennessee’s Gun-Free Workplaces Must Heed New Notice Requirements
William Rutchow; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
July 12, 2016, previously published on June 22, 2016
Tennessee generally allows employers to prohibit employees and other individuals from possessing weapons on properties owned or operated by employers. The primary exception to this general rule concerns individuals with lawful handgun carry permits storing their weapons in their personal vehicles...

 

HTMLNLRB General Counsel Orders Complaints in All Withdrawal of-Recognition Cases
Harold P. Coxson; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
July 12, 2016, previously published on June 21, 2016
In yet another assault on long-established labor law precedent, on May 9, 2016, National Labor Relations Board (NLRB) General Counsel Richard Griffin ordered the issuance of NLRB complaints in every case in which an employer withdraws recognition from a union without the union first being...

 

HTMLCar Dealership’s Service Advisors’ Overtime Controversy Stalls in the Supreme Court
Hera S. Arsen, Ph.D., Alfred B. Robinson; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
July 12, 2016, previously published on June 20, 2016
On June 20, 2016, the Supreme Court of the United States issued a ruling regarding the Fair Labor Standards Act’s (FLSA) overtime exemption for “any salesman, partsman, or mechanic primarily engaged in selling or servicing automobiles” at a covered dealership under section...

 

HTMLIt’s All Good in China, Until It Isn’t: Tips and Flags for PRC Employers
Jia Li, Bonnie Puckett; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
July 12, 2016, previously published on June 22, 2016
Due to factors such as China’s rapid economic development, a disconnect between legislation and enforcement, the country’s historic reliance on personal connections (or guanxi) to do business, and idiosyncratic local regulations available only in Chinese, many Western-headquartered...

 

HTMLWhat Employers Need to Know About the New State Garnishment Laws, Part II: Tennessee, California, South Dakota, and West Virginia
Martin C. Brook; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
July 12, 2016, previously published on June 21, 2016
The requirements and processes applicable to employers handling garnishments are primarily governed by state law-meaning that multi-state employers need to be aware of the federal Consumer Credit Protection Act (CCPA) in addition to the garnishment requirements in all states. Complicating matters...

 

HTMLFive Questions You Should Ask About the Defend Trade Secrets Act
John C. Glancy, Danielle Lee Ochs, Tobias E. Schlueter; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
July 12, 2016, previously published on June 21, 2016
Until recently, the Economic Espionage Act of 1996 (EEA) allowed for federal trade secret actions by the U.S. Department of Justice. The Defend Trade Secrets Act of 2016 (DTSA) amended the EEA to provide private litigants the right to sue (and be sued) in federal court for trade secret...

 


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