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HTML‘Tis the (Retail) Season, Part II: Conducting Background Checks on Seasonal Workers
Gustavo A. Suárez; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
December 4, 2014, previously published on November 21, 2014
During the upcoming holiday season, many companies—especially those with retail operations—will be looking to expand their available workforce by hiring seasonal workers. Unfortunately, many of these temporary workers will be hired without much scrutiny. Although this approach is...

 

HTMLCourt Enforces Five-Year Noncompete Agreement in Connection With Sale of Business
Lawrence D. Smith; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
December 3, 2014, previously published on November 26, 2014
Employers drafting and seeking to enforce noncompete agreements struggle with structuring the temporal and geographic scope of the proposed noncompete covenant. The Texas Supreme Court has wrestled over the last few years to define the boundaries of when noncompete covenants can be enforced against...

 

HTMLRetailers Can Avoid Holiday Headaches in New England by Complying With Holiday Pay Laws
Diane M. Saunders, Todd M. Torres; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
December 3, 2014, previously published on November 25, 2014
In addition to the restrictions on opening in certain New England states, retailers with stores in Massachusetts and Rhode Island should also be aware of their obligation to pay their employees holiday pay (i.e., one-and-one-half of their regular rate) for working on state holidays (as well as on...

 

HTMLTo Be Or Not To Be: Mooting Rule 23 Class Actions Through Rule 68 Offers of Judgment
Diane M. Saunders; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
December 3, 2014, previously published on November 25, 2014
The use of Rule 68 offers of judgment to moot the claims of plaintiffs in the Fair Labor Standards Act (FLSA) collective action context has received much attention recently as the courts consider defendants’ use of this strategy in the wake of the Supreme Court of the United States’...

 

HTMLACA Fees, and Forms, and Delays, Oh My!
Stephanie Alden Smithey; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
December 3, 2014, previously published on November 21, 2014
In the latest round of delays under the Affordable Care Act (ACA), the Employee Benefits Security Administration recently announced that the deadline for health plans to provide enrollment information to the transitional reinsurance program has been extended to December 5, 2014.

 

HTML‘Tis the (Retail) Season, Part III: Five Tips for Hiring Seasonal Workers
Kelly S. Hughes; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
December 3, 2014, previously published on November 25, 2014
It’s that time of year once again! Retailers are gearing up for the holidays and hiring seasonal workers in droves. Unfortunately, the flurry of activity and the common misperception that seasonal workers have a different employment status because they are “temporary” workers can...

 

HTMLAdministration Publishes Fall 2014 Unified Regulatory Agenda
Harold P. Coxson, Christina M. Crockett, Alfred B. Robinson, David S. Rosner; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
December 3, 2014, previously published on November 26, 2014
We expect 2015 to be a very busy year for actions on new or proposed federal regulations in the absence of congressional legislation. That was confirmed on November 21, 2014, when the administration published its “Unified Regulatory Agenda for Fall 2014” (Fall 2014 Regulatory Agenda)...

 

HTMLEmotional Support Animals: Access or No Access to Public Accommodations?
Michelle R. Maslowski; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
December 3, 2014, previously published on November 21, 2014
A recent article in The New Yorker (“PETS ALLOWED: Why are so many animals now in places where they shouldn’t be?” October 20, 2014) highlights the disconnect between perception and reality when businesses must deal with patrons attempting to bring “emotional support...

 

HTMLNew ACA Guidance Permits Employer-Initiated Measurement Period Changes
Christina M. Crockett; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
December 3, 2014, previously published on November 26, 2014
The Internal Revenue Service (IRS) recently released Affordable Care Act (ACA) guidance addressing how to determine full-time status when an employee’s measurement period changes. The guidance, IRS Notice 2014-49, introduces a proposed method for applying the look-back measurement period in...

 

HTMLDon’t Let Your Office Halloween Party “Unmask” Racial Insensitivity
Hera S. Arsen, J.D., Ph.D.; Ogletree Deakins Nash Smoak Stewart P.C.;
Legal Alert/Article
December 2, 2014, previously published on October 30, 2014
Employers may view Halloween celebrations at work as a no-brainer: Annual October office parties are often great boosts to employee morale, encouraging community, healthy competition, and team-building as participants eat, drink, carve pumpkins, or vote on outfits in costume contests. But...

 


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