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HTMLEmployers Can Decide That Physical Presence at the Workplace is an Essential Function
Kelly S. Hughes; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
April 30, 2015, previously published on April 16, 2015
On April 10, 2015, the Sixth Circuit Court of Appeals issued its long-awaited en banc decision in Equal Employment Opportunity Commission v. Ford Motor Company following a vacated panel decision from April 2014 in which a divided panel had reversed a district court’s summary judgment award in...

 

HTMLThe New Wave of Data Breach Settlements
Madi Bakker, Ashley Prickett Cuttino; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
April 30, 2015, previously published on April 24, 2015
4.8 million. 10 million. 15 million. 25 million. Before 2014, these large numbers were likely to represent the number of individuals affected by a data breach. Today, they are the dollar figures that companies must spend to put a breach in the past-and that’s just the cost of settlement....

 

HTMLNew Law Restricts Employer Access to Employee Social Media Accounts, Including Through “Friend Requests”
John G. Stretton; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
April 30, 2015, previously published on April 21, 2015
On March 23, 2015, Virginia Governor Terry McAuliffe signed a new law, H.B. 2081, that restricts the ability of employers in Virginia to access the social media accounts of current and prospective employees-making Virginia the nineteenth state to enact such legislation. The other 18 states include...

 

HTMLOvertime Changes Threaten the Exempt Status of Retail and Hospitality Managers
Diane M. Saunders; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
April 30, 2015, previously published on April 24, 2015
The National Retail Federation’s (NRF) Committee on Employment Law held its spring meeting last week, and one of the hottest topics on the minds of the attendees concerned the impact that the U.S. Department of Labor’s proposed changes to the overtime regulations would have on retail...

 

HTMLCity of St. Petersburg, Florida Passes Wage Theft Ordinance
Edmund J. McKenna; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
April 30, 2015, previously published on April 20, 2015
Under the new City of St. Petersburg “wage theft” ordinance, an employer commits wage theft when the employer fails to pay wages, or a portion of wages, due to an employee within a “reasonable time” (typically 14 business days) from the date on which that employee performed...

 

HTMLIRS Traded in Your Chevy for a “Cadillac (ac-ac-ac-ac-ac) Tax”: Agency Issues First Guidance on the Implementation Code Section 4980I
Patricia L. Beaty, Taylor Bracewell; Ogletree Deakins Nash Smoak Stewart P.C.;
Legal Alert/Article
April 30, 2015, previously published on April 22, 2015
On February 23, 2015, the Internal Revenue Service (IRS) issued the first piece of guidance that discusses the excise tax, better known as the “Cadillac Tax,” imposed by Section 4980I of the Internal Revenue Code of 1986, as amended, on employers that offer high-cost health coverage....

 

HTMLOSHA Announces Request for Information on Communication Tower Safety
John F. Martin; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
April 30, 2015, previously published on April 20, 2015
On April 15, the Occupational Safety and Health Administration (OSHA) published in the Federal Register a Request for Information (RFI) on Communication Tower Safety. The agency requests that the communication tower industry and the general public send in comments and information by June 15, 2015,...

 

HTMLMassachusetts Attorney General Issues Proposed Regulations on Implementation of New Earned Sick Time Law
David P. Mason; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
April 30, 2015, previously published on April 28, 2015
As we detailed in November 2014, Massachusetts voters last fall approved a new law mandating that employers provide earned sick time to their employees. Under the new law, employers with 11 or more employees must provide paid sick leave for workers and smaller employers must provide unpaid sick...

 

HTMLUSCIS Receives Record Number of H-1B Work Visa Requests
Jamey E. Ayers; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
April 30, 2015, previously published on April 13, 2015
On April 13, 2015, U.S. Citizenship and Immigration Service (USCIS) released the H-1B “cap” count, indicating that during the filing period it had received nearly 233,000 petitions for H-1B work visas. This means that U.S. employers filed approximately 233,000 petitions during the...

 

HTMLNoncompete Law in France-Payment of a Noncompete is Required During Garden Leave
Rebecca Marks; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
April 30, 2015, previously published on April 28, 2015
In France, a valid noncompete clause in an employment contract must provide for the payment of financial compensation to the departing employee, as long as the employee remains bound by and complies with the clause’s terms and conditions. But when must the payment of compensation commence?...

 


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