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HTMLAmendments to D.C. Accrued Sick and Safe Leave Act Creates New Hurdles for Employers
Ogletree Deakins Nash Smoak Stewart P.C.;
Legal Alert/Article
March 24, 2015, previously published on March 3, 2015
The District of Columbia’s Accrued Sick and Safe Leave Act of 2008 (ASSLA), which requires employers to provide paid leave to employees for their own or a family member’s illness as well as in certain other situations, was amended by the Council of the District of Columbia in 2013 and...

 

HTMLFifth Circuit Declines to Clarify When an Employment Action is “Adverse” Enough to Support a Discrimination Claim
Robert E. Bettac; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
March 24, 2015, previously published on March 11, 2015
When presented with an employment discrimination claim, one of the early questions any agency or court must answer is whether the claimant has suffered an “adverse employment action.” Simply stated, even if a discriminatory motive can be shown, is the harm suffered by the claimant...

 

HTMLNLRB General Counsel Issues Aggressive Immigration Initiative-Employers Now Face Extraordinary Penalties
Bernhard Mueller, Eric C. Stuart; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
March 24, 2015, previously published on March 9, 2015
On February 27, 2015, National Labor Relations Board (NLRB) General Counsel Richard F. Griffin, Jr. injected the NLRB into the national debate regarding border security, the rights of undocumented workers and their families, and the appropriate use of taxpayer funds. In cases in which employee...

 

HTMLNew District of Columbia Pregnancy Accommodation Statute to Become Effective on March 3, 2015
Christopher E. Humber, Jenna Mennona; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
March 23, 2015, previously published on February 25, 2015
Barring adverse congressional review, the District of Columbia’s Protecting Pregnant Workers Fairness Act of 2014 (PPWFA) will become effective on March 3, 2015. The new statute gives pregnant workers significantly broader protection than they have under current federal and District of...

 

HTMLDHS Funding Hangs In Balance While Congress Squares Off Over Executive Action on Immigration
Justin Coffey, Lowell Sachs; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
March 23, 2015, previously published on March 3, 2015
A chess match continues to be fought in Congress over the fate of President Obama’s executive action on immigration. The standoff is over disagreement as to whether President Obama exceeded his constitutional authority by attempting to bypass Congress and put into effect a collection of...

 

HTMLA WARN Act Roundup: Jury Trial Rights, the Unforeseen Business Circumstances Defense, and the Single Employer Rule
Michael R. Marra, Melissa Jill Osipoff; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
March 23, 2015, previously published on February 27, 2015
Towards the end of 2014, three federal courts explored developing issues under the federal Worker Adjustment and Retraining Notification Act of 1988 (WARN Act), 29 U.S.C. §§ 2101-2109 et. seq. Below is a summary of three notable cases that employers may find helpful if contemplating a...

 

HTMLThe District of Columbia Council Passes Its Own Wage Theft Prevention Amendment Act
Joleen Okun, Alfred B. Robinson; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
March 23, 2015, previously published on February 26, 2015
The Council of the District of Columbia passed the Wage Theft Prevention Amendment Act (WTPAA) of 2014 which then mayor Vincent C. Gray signed in September 2014. Pursuant to the District of Columbia Home Rule Act, this legislation is now under congressional review. This review process is beneficial...

 

HTMLChanging MSHA Penalties: What’s on the Horizon for Mine Operators?
Michael T. Heenan; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
March 23, 2015, previously published on February 27, 2015
The Mine Safety and Health Administration (MSHA) is in the process of reviewing proposed new civil penalty regulations following multiple hearings in which stakeholders offered their comments. Civil penalties for safety violations within the mining industry have generated much consternation and...

 

HTMLFrench Terminations: What Happens if You Miss the End of the Probationary Period?
Rebecca Marks; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
March 23, 2015, previously published on February 27, 2015
You know that sinking feeling: you have a new employee in France who is not working out, and the manager has left it until the last minute to let you know. What happens if the required termination notice period will now extend beyond the end of the employee’s trial period? Does that...

 

HTMLKing v. Burwell: What to Expect From the Supreme Court Argument
Thomas M. Christina; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
March 23, 2015, previously published on March 2, 2015
On Wednesday, March 4, 2015, the Supreme Court of the United States will hear argument in King v. Burwell, a case involving premium tax credits under the Affordable Care Act (ACA). Among its many provisions, the ACA includes one that authorizes a refundable federal income tax credit to assist...

 


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