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HTMLMassachusetts AG Announces Safe Harbor Delaying Full Implementation of New Earned Sick Time Law for Some Employers
David P. Mason; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
May 29, 2015, previously published on May 18, 2015
On May 18, 2015, the Massachusetts Attorney General’s Office (AGO) held the first of several public hearings on proposed regulations concerning implementation of the new earned sick time law passed by Massachusetts voters in November 2014. At that hearing, Attorney General Maura Healey stated...

 

HTMLSet It and Forget It? Not so Fast, Says the Supreme Court in Tibble
Preston R. Burch, Timothy G. Verrall; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
May 29, 2015, previously published on May 18, 2015
On May 18, 2015, the Supreme Court of the United States rendered a much anticipated (by ERISA attorneys, at least) decision in Tibble v. Edison International, clarifying a relatively narrow but still significant issue involving fiduciary responsibilities and retirement plan investments. Tibble v....

 

HTMLCalifornia Supreme Court Agrees to Consider Whether California Health Care Workers Can Lawfully Waive a Second Lunch Period
Hera S. Arsen, Robert R. Roginson; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
May 27, 2015, previously published on May 22, 2015
This week, the California Supreme Court agreed to review the decision in Gerard v. Orange Coast Memorial Center, No. G048039 (February 10, 2015), where the California Court of Appeal partially invalidated the Industrial Welfare Commission (IWC) wage order provision that allows employees in the...

 

HTMLUSCIS Publishes Long-Awaited Filing Guidance for H-4 EAD Applications
Caroline Tang; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
May 27, 2015, previously published on May 20, 2015
On May 20, 2015, U.S. Citizenship and Immigration Services (USCIS) published long-awaited information to help eligible H-4 dependent spouses apply for employment authorization documents (commonly known as “EAD cards”) under the Employment Authorization for Certain H-4 Dependent Spouses...

 

HTMLCaptain of the Cheerleading Team: An Employee Too?
Dawn M. Knepper; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
May 27, 2015, previously published on May 22, 2015
On April 21, 2015, California’s legislature advanced a bill that would require professional sports teams based in California to classify their cheerleaders as employees and pay them a minimum wage. The state assembly’s Committee on Arts, Entertainment, Sports, Tourism and Internet Media...

 

HTML$15 Per Hour Minimum Wage? Los Angeles and Emeryville Give Seattle a Run for the Money
Hera S. Arsen; Ogletree Deakins Nash Smoak Stewart P.C.;
Legal Alert/Article
May 27, 2015, previously published on May 22, 2015
On May 19, 2015, the Los Angeles City Council voted, 14-to-1, to raise the minimum wage to $15.00 per hour in increments over the next five years. As a result, the city council will draft a proposal to raise the wage rate from $9.00 per hour to $15.00 per hour by 2020. For businesses with 25 or...

 

HTMLEEOC’S Proposed Wellness Program Regulations Offer Guidance on Confidentiality of Employee Medical Information
John G. Stretton; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
May 15, 2015, previously published on May 8, 2015
On April 20, 2015, the U.S. Equal Employment Opportunity Commission (EEOC) published a much-anticipated proposed rule that seeks to amend the EEOC’s prior regulations with respect to employer “wellness programs” and address the implications of such programs under the Americans...

 

HTMLFICA Tax Student Exemption Resolution: Fifth Circuit Decision About Refunds of FICA Taxes Paid by Medical Residents Stands
Jeanne Ellen Floyd, Vicki M. Nielsen; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
May 15, 2015, previously published on May 8, 2015
FICA taxes, which fund the Social Security program, are not levied on state employees unless a state voluntarily opts in to the program. A state opts in by executing an agreement, commonly referred to as a “section 218 agreement,” with the Social Security Administration. In section 218...

 

HTMLWisconsin Supreme Court Holds That Continued Employment Constitutes Adequate Consideration for Restrictive Covenants
Mark A. Johnson; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
May 15, 2015, previously published on May 11, 2015
The Wisconsin Supreme Court recently issued a decision holding that continued employment is adequate consideration for restrictive covenants. In Runzheimer International, Ltd. v. Friedlen, et al., No. 2013AP1392 (April 30, 2015), the state’s highest court held that an employer’s...

 

HTMLGovernor Cuomo Seeks to Increase New York Minimum Wage for Fast Food Workers
P. Kramer Rice; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
May 15, 2015, previously published on May 12, 2015
On May 7, 2015, Governor Andrew M. Cuomo announced the empanelling of a New York State Wage Board directed to investigate and make recommendations on increasing the minimum wage in the fast food industry. Both Governor Cuomo and Acting New York Commissioner of Labor Mario J. Musolino have stated...

 


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