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HTMLMinnesota Employer Had No Duty to Find New Position for Older Worker, Eighth Circuit Holds
Bruce J. Douglas; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
October 13, 2016, previously published on October 10, 2016
A 63-year-old employee, who had worked in an administrative capacity for her employer for 12 years, was told that her position had been eliminated due to a customer-commissioned audit of the company’s services and recommended that ABM streamline its staff. She sued and claimed, among other...

 

HTMLThe District of Columbia and the Gender Pay Gap: The Fight (for Pay Equity) in Old D.C.
James J. Murphy; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
October 11, 2016, previously published on October 6, 2016
The District of Columbia may soon join Massachusetts in prohibiting employers from asking job candidates about their prior salary histories. On September 20, 2016, legislation known as the “Fair Wage Amendment Act of 2016” (FWAA), B21-0878, was introduced in the Council of the District...

 

HTMLOctober 2016 Visa Bulletin Is Welcome News for Employees Waiting to Apply for Lawful Permanent Residence
Ashley Karen Kerr; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
October 11, 2016, previously published on October 4, 2016
As the U.S. government begins its new fiscal year on October 1, 2016, the recently published October 2016 visa bulletin brings welcome news for many employees who are patiently waiting for their priority dates to become current in order to apply for lawful permanent resident status.

 

HTMLThe H-1B Lottery: How Does a Petition Get That Winning Number Anyway?
Leigh N. Ganchan; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
October 11, 2016, previously published on October 6, 2016
The H-1B “cap season” has become an annual event for U.S. employers seeking work authorization for highly skilled foreign professionals. Working months in advance, employers and their attorneys prepare and submit H-1B petitions starting on the first business day in April. These...

 

HTMLWhen Is The Medium (NOT) The Message? NLRB Prohibits Acute Care Hospital From Banning Picketing Unless Distressful To Patients
David F. Loeffler; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
October 11, 2016, previously published on October 5, 2016
In Capital Medical Center 364 NLRB No. 69 (August 12, 2016), a majority of the Board recently concluded that a hospital violated Section 8(a)(1) of the NLRA, by threatening to discipline and arrest picketers and by summoning the police to its facility when the hospital failed to prove that the...

 

HTMLHurricane Matthew and Crisis Management: An Employer’s Checklist
Hal A. Shillingstad; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
October 11, 2016, previously published on October 5, 2016
Evacuation orders are being issued as Hurricane Matthew is about to bear down on the Southeastern United States. Employees and employers working in areas affected by the oncoming storm are balancing their personal and professional lives during these anxious times. Natural disasters can have a...

 

HTMLStill No NCAA Pay for Play - Supreme Court Denies Cert. in O’Bannon v. NCAA
John Richard Carrigan; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
October 11, 2016, previously published on October 3, 2016
On October 3, 2016, the Supreme Court of the United States denied certiorari requested in O’Bannon, et al. v. NCAA, et al., by both the plaintiffs (No. 15-1167) and the National Collegiate Athletic Association (NCAA) (No. 15-1388).

 

HTMLNew Electronic Registration Requirements to Apply to Chinese Nationals Entering the United States With B-1/B-2 Visas
Bernhard Mueller; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
October 7, 2016, previously published on September 30, 2016
New requirements will soon apply to Chinese nationals holding B-1 temporary business visitor visas, B-2 tourist visas, or 10-year B-1/B-2 visas before traveling to the United States.

 

HTMLThe Texas Two-Step: Fifth Circuit Withdraws Ruling that Allowed Texas to Proceed with EEOC Background Check Lawsuit
Gustavo A. Suárez; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
October 7, 2016, previously published on September 30, 2016
The legal showdown between the State of Texas and the Equal Employment Opportunity Commission (EEOC) over the agency’s background check guidance took another turn on September 23, 2016, when the Fifth Circuit Court of Appeals issued an order withdrawing its previous June opinion and remanding...

 

HTMLNew Jersey Senate Approves Legislation Extending Unemployment Benefits to Striking Workers
Richard C. Mariani; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
October 6, 2016, previously published on September 29, 2016
Under current New Jersey law, most individuals who are unemployed due to a stoppage of work are disqualified from unemployment benefits. While the New Jersey Supreme Court held that strikers are entitled to unemployment benefits as long as the stoppage of work does not result in a 20 percent or...

 


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