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HTMLSwipe Left to Avoid Liability: Policing Dating Apps in the Workplace
Hera S. Arsen; Ogletree Deakins Nash Smoak Stewart P.C.;
Legal Alert/Article
February 18, 2016, previously published on February 10, 2016
According to a 2015 survey, nearly two-thirds of people in the United States and over 2 billion people worldwide own smartphones. For some smartphone users, their phones are their only avenue of access to the Internet. Alongside the rapid spread of mobile devices is the increase in the number of...

 

HTMLAre Hidden Title III Claims Lurking in Your Business?
Amber L. Roller; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
February 18, 2016, previously published on February 10, 2016
With the extraordinary volume of Americans with Disabilities (ADA) Title III claims clogging the courts, and an increase in the number of plaintiffs’ lawyers litigating ADA issues, we can expect to see another flood of Title III cases in 2016. After defending countless “drive-by”...

 

HTMLHarvard and MIT: A Decision Is Here! (Sort Of)
Jennifer S. Rusie; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
February 18, 2016, previously published on February 11, 2016
Long after the Department of Justice’s (DOJ) Statements of Interest (SOI) were filed in June of 2015 in the cases involving Harvard University and the Massachusetts Institute of Technology (MIT), touching off a flood of litigation and threatened litigation, the magistrate judge has issued her...

 

HTMLFollow the Money: The FY 2017 Budget
Harold P. Coxson; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
February 17, 2016, previously published on February 12, 2016
One way to assess an administration's public policy priorities is by examining its annual budget submission to Congress: The higher an administration sets its funding requests for particular federal departments, agencies, and programs, the greater the emphasis the administration plans to place on...

 

HTMLCalifornia Court Rejects Arbitration Agreement for Unconscionability
Rafael G. Nendel-Flores, Hanna Betty Raanan; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
February 17, 2016, previously published on February 12, 2016
On October 27, 2015, the California Court of Appeal, in an unpublished decision, issued yet another ruling applying the unconscionability doctrine to arbitration agreements in the employment context. In Prince v. Pletcher, B260864, a former production company employee alleged that the defendants...

 

HTMLShould Your Employees Get More Sun, Surf, and Sand? A Quick Look at Unlimited Vacation Policies
Michael E. Olsen, Keith A. Watts; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
February 16, 2016, previously published on February 8, 2016
The news reports that more and more companies are moving to offer unlimited vacation time. On its face, this policy change appears to be a generous offer by employers to boost employee morale and attract top talent, but there may be other factors at play. Here is an overview of such policies and...

 

HTMLEU Extends "Qualified" Moratorium on Enforcement Actions for Data Transfers to the U.S.
Simon J. McMenemy, Hendrik Muschal, Grant D. Petersen; Ogletree Deakins International, LLP;
Legal Alert/Article
February 16, 2016, previously published on February 4, 2016
On February 3, 2016, the Article 29 Working Party, the EU body representing the data protection authorities (DPA) of each EU member country, announced that all of the DPAs across the EU have agreed to extend the current moratorium on enforcement action regarding transatlantic data transfers until...

 

HTMLZika Virus and the Legal Issues With an Employee's Refusal to Work
Charles E. Engeman; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
February 16, 2016, previously published on February 5, 2016
It’s big news! On February 1, 2016, the World Health Organization (WHO) issued a statement declaring Zika virus to be a “Public Health Emergency of International Concern.” The WHO did not find a public health justification for restrictions on travel or trade to prevent the spread...

 

HTMLIs a Threatened Pay Cut an Adverse Action? Fifth Circuit Issues Pro-Employer Ruling in Retaliation Case
Mark A. McNitzky; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
February 16, 2016, previously published on February 8, 2016
In Brandon v. Sage Corp., the Fifth Circuit Court of Appeals affirmed a decision from the Western District of Texas granting summary judgment in favor of a truck driving school. The issue in the case concerned whether the threat of a 50 percent pay cut constituted an adverse employment action...

 

HTMLFlorida’s Workers’ Comp System Goes Back to the Future . . . at the Expense of Your Premiums
Edmund J. McKenna; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
February 15, 2016, previously published on February 9, 2016
On April 16, 2016, the Florida Supreme Court will hear another in a long line of cases brought by plaintiffs’ lawyers trying to turn the clock back on Florida’s Workers’ Compensation Law. Before 2003, employers in Florida had some of the highest insurance costs in the entire...

 


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