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HTMLLouisiana Governor Signs LGBT Discrimination Executive Order in Public Employment and Services
Greg Guidry; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
May 3, 2016, previously published on April 14, 2016
On April 13, 2016, Louisiana’s new governor, John Bel Edwards, signed an executive order protecting state employees and employees of state contractors from discrimination on the basis of race, color, religion, sex, sexual orientation, gender identity, national origin, political affiliation,...

 

HTMLRecord Number of H-1B Professional Work Visa Requests
Jamey E. Petri; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
May 3, 2016, previously published on April 13, 2016
On April 12, 2016, U.S. Citizenship and Immigration Services (USCIS) released the H-1B “cap” count, indicating that it received approximately 236,000 petitions for H-1B work visas for fiscal year 2017. This means that U.S. employers filed approximately 236,000 petitions during the short...

 

HTMLAttorney Generals From Nine States Cooperate on Predictable Scheduling Inquiries of Retailers
Diane M. Saunders; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
May 2, 2016, previously published on April 14, 2016
As we previously reported, “predictive scheduling” is one of the most closely watched issues by retailers today. In April 2015, New York State Attorney General Eric T. Schneiderman garnered national news headlines when he launched an inquiry into the on-call scheduling practices of a...

 

HTMLSecond Circuit Holds HR Professionals Can Be Liable as ‘Employers’ Under FMLA
Kelly M. Cardin, John G. Stretton; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
May 2, 2016, previously published on April 14, 2016
The Second Circuit Court of Appeals has recently held that a human resources manager could be held liable as an employer under the Family and Medical Leave Act (FMLA). In issuing its decision in Graziadio v. Culinary Institute of America, the court also articulated standards for FMLA interference...

 

HTMLCalifornia Governor Signs Paid Family Leave Expansion Into Law
Hera S. Arsen; Ogletree Deakins Nash Smoak Stewart P.C.;
Legal Alert/Article
April 26, 2016, previously published on April 11, 2016
On April 11, 2016, California Governor Jerry Brown signed legislation that will increase the wage replacement rate under the Paid Family Leave program for California workers from its current level of 55 percent to 60 or 70 percent (depending on the worker’s income). Assembly Bill No. 908 (AB...

 

HTMLOSHA Ups the Ante for Employers That Fail to Report Workplace Injuries
Melissa A. Bailey, John F. Martin, Matthew Clark Thorne; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
April 26, 2016, previously published on April 11, 2016
On March 4, 2016, the Occupational Safety and Health Administration (OSHA) issued new procedures for enforcing revised injury and illness reporting requirements in 29 C.F.R. § 1904.39. Many of the 2014 interim procedures remain unchanged, but now employers will face a minimum penalty of $5,000...

 

HTMLUSCIS Reaches FY 2017 H-1B Cap
Caroline Tang; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
April 26, 2016, previously published on April 8, 2016
As of April 7, 2016, the United States Citizenship and Immigration Services (USCIS) has reached the H-1B quota or “cap” limitation for fiscal year (FY) 2017. USCIS has not yet confirmed the total number of petitions received for the 65,000 “general” quota or the 20,000...

 

HTMLCasting a Wider Net: Court Finds Private Equity Funds Liable for ERISA Withdrawal Liability
Grace Huang Ristuccia, Thomas Vasiljevich; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
April 25, 2016, previously published on April 11, 2016
On March 28, 2016, a district court in Massachusetts found two private equity funds (under the Sun Capital Partners, Inc. umbrella) jointly and severally liable for withdrawal liability imposed on one of its underlying portfolio companies, even though neither private equity fund owned 80 percent or...

 

HTMLPasadena Joins Growing List of California Cities Imposing City Minimum Wage
Charles L. Thompson; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
April 18, 2016, previously published on March 29, 2016
On March 14, 2016, the Pasadena City Council adopted an ordinance to increase the city’s minimum wage. Beginning on July 1, 2016, employers with 26 or more employees must pay a minimum wage of $10.50 per hour to all employees who work at least 2 hours per week within the city’s...

 

HTMLThe Supreme Court’s Decision on Public Union Fees: Still Valid But No Further Guidance
Ogletree Deakins Nash Smoak Stewart P.C.;
Legal Alert/Article
April 18, 2016, previously published on March 29, 2016
On March 29, 2016, the Supreme Court of the United States issued a per curiam opinion in a case on the validity of public-sector “agency shop” arrangements, which permit unions to charge a fee (in order to pay for select costs) to public employees who do not join a union. During oral...

 


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