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HTMLFederal Minimum Wage Bill In The Forefront of This Year’s Election Agenda
Alfred B. Robinson; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
May 5, 2014, previously published on April 29, 2014
A bill to increase the federal minimum wage to $10.10 per hour is about to take center stage in the U.S. Senate as this year’s election agenda continues to take shape. Specifically, the Senate will take a procedural vote to determine whether it will debate S. 2223, the Minimum Wage Fairness...

 

HTMLCalifornia Court Finds Employers Can Seek Evaluation After Employee Returns From FMLA Leave
Ameneh K. Ernst; Ogletree Deakins Nash Smoak Stewart P.C.;
Legal Alert/Article
May 5, 2014, previously published on April 30, 2014
White v. County of Los Angeles, B243471 (April 15, 2014): In a recent decision, the California Court of Appeal held that an employer can seek a second opinion of an employee’s fitness for duty after the employee returns from leave under the Family and Medical Leave Act (FMLA). In reversing a...

 

HTMLContract That Shortens Time for Bringing Employment Claims Rejected by California Court
Ameneh K. Ernst; Ogletree Deakins Nash Smoak Stewart P.C.;
Legal Alert/Article
May 5, 2014, previously published on April 30, 2014
Ellis v. U.S. Security Associates, No. A136028 (March 20, 2014): A California Court of Appeal recently held that an employer cannot contractually shorten the amount of time that an employee has to bring an action under the Fair Employment and Housing Act (FEHA). The court found that shortening the...

 

HTMLSupreme Court Holds Voters Have a Right to Reject Government-Funded Racial Preferences in Public Higher Education
Lisa Karen Atkins; Ogletree Deakins Nash Smoak Stewart P.C.;
Legal Alert/Article
April 29, 2014, previously published on April 23, 2014
On April 22, 2014, the Supreme Court of the United States held that although consideration of race in admissions is constitutionally permissible, voters have every right to reject it. The case, Schuette v. Coalition to Defend Affirmative Action, began as an opportunity to reconsider race-conscious...

 

HTMLNLRB Considers Radical Changes to Decades-Long Precedent on Deferral to Arbitration
Ursula A. Kienbaum; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
April 29, 2014, previously published on April 21, 2014
In yet another attempt to expand protection for employees under Section 7 of the National Labor Relations Act, the National Labor Relations Board (NLRB) is considering a new standard for deferral to labor arbitration that, if adopted, would significantly undermine the finality of arbitration in...

 

HTMLAre We There Yet?: Do Northwestern Players Have a Union or Not?
Lisa Karen Atkins, John Richard Carrigan; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
April 29, 2014, previously published on April 23, 2014
When a Regional Director of the National Labor Relations Board (NLRB) found that scholarship football players at Northwestern University were employees entitled to vote on union representation, many media reports treated the case as a victory for the union. But as one Lawrence Peter...

 

HTMLDeadline for Philadelphia Employers to Post New Notice of Rights for Pregnant Employees is Approaching
L. Evan Van Gorder; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
April 29, 2014, previously published on April 17, 2014
This Sunday, April 20, marks the deadline by which Philadelphia employers must provide their employees with written notice of a recent amendment to Philadelphia’s Fair Practices Ordinance. The amendment provides additional protections to pregnant employees.

 

HTMLNLRB to Decide Whether Northwestern’s Scholarship Football Players Are Students or Employees
C. Thomas Davis; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
April 29, 2014, previously published on April 24, 2014
Late this afternoon, the National Labor Relations Board (NLRB) in Washington, D.C. granted the request for review (i.e., an appeal) filed by Northwestern University in the much-watched case involving the status of Northwestern’s grant-in-aid scholarship football players. Northwestern is...

 

HTMLRhode Island General Assembly to Consider Lowering Standard for Employees to Bring Retaliation Claims
Todd M. Torres; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
April 29, 2014, previously published on April 24, 2014
The Rhode Island General Assembly is considering amending the state’s Fair Employment Practices Act (FEPA) to make it easier for employees to sue their employers for discrimination-based retaliation. Under FEPA, employees can sue their employers if they believe they were retaliated against...

 

HTMLMissouri Supreme Court Lowers Employees’ Burden of Proof in Workers’ Compensation Retaliation Claims
Jacquelyn M. Meirick; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
April 23, 2014, previously published on April 21, 2014
The Missouri Supreme Court expanded rights for injured workers on April 15, 2014, by virtue of its ruling in Templemire v. W&M Welding, Inc., No. SC 93132. Under the court’s new standard, a discharged employee alleging retaliation for filing a workers’ compensation claim need only prove...

 


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