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HTMLPennsylvania Still Requires Separate Consideration for Restrictive Covenant Agreements
Donald D. Gamburg, L. Evan Van Gorder; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
November 27, 2015, previously published on November 25, 2015
In a much anticipated decision released on November 18, 2015, the Supreme Court of Pennsylvania closed the door—if it was ever open—on any arguments doing away with the separate consideration required for restrictive covenant agreements entered into after the commencement of employment....

 

HTMLPredictive Scheduling: A Primer for Retail and Hospitality Employers
Diane M. Saunders; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
November 27, 2015, previously published on November 25, 2015
One of the most closely watched issues today among retail and hospitality employers is “predictive scheduling,” or as opponents call it, “restrictive scheduling.” Predictive scheduling has become the new cause célèbre among labor activists around the country...

 

HTMLTexas Court Rules Religious Institutions not Exempt From all Employment-Related Claims
Lawrence D. Smith; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
November 27, 2015, previously published on November 23, 2015
The United States and Texas Constitutions each provide for the free exercise of religion and the separation of church and state. These constitutional prescriptions frequently bar the application of civil laws, including employment laws, to religious institutions if they require the evaluation of a...

 

HTMLWebsite Accessibility Regulations Delayed Again! (For At Least Three Years!!)
Sherry Akande Nielsen, David H. Raizman; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
November 27, 2015, previously published on November 25, 2015
In a surprise announcement with major repercussions for businesses and their websites, on November 19, the Department of Justice (DOJ) announced in its Fall 2015 Statement of Regulatory Priorities that it is delaying—by at least three years—its proposed regulations on the standards for...

 

HTMLOSHA’s Latest Regulatory Agenda: Silica, Tree Care, Powered Industrial Trucks, Lockout/Tagout . . . and Much More
Melissa A. Bailey, John F. Martin; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
November 27, 2015, previously published on November 24, 2015
The U. S. Department of Labor (DOL) recently released its Fall 2015 Regulatory Agenda, its semi-annual status report of all regulatory actions underway or being contemplated by the DOL’s agencies. Included in the agenda were the Occupational Safety and Health Administration’s (OSHA)...

 

HTMLCurrent Status of EU Data Transfers and Recommended Next Steps for Former Safe Harbor Companies
Simon J. McMenemy, Hendrik Muschal, Grant D. Petersen; Ogletree Deakins International, LLP;
Legal Alert/Article
November 27, 2015, previously published on November 20, 2015
As has been widely publicized, on October 6, 2015, the European Court of Justice (ECJ) issued its much-anticipated decision in Schrems v. Data Protection Commissioner, Case C-362/14 invalidating European Commission’s Decision 2000/520, which previously held that the Safe Harbor principles...

 

HTMLTexas’ Open Carry Law: 3 Steps Hotels Should Take Before the New Year
John G. Harrison; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
November 26, 2015, previously published on November 13, 2015
The Texas statute allowing the open carrying of guns by licensed holders will become effective on January 1, 2016. Prior to this effective date, Texas hotel properties should consider following these three steps in an effort to comply with the law.

 

HTMLWhen Does Termination of the Employment Relationship Violate Public Policy? The Restatement of Employment Law Offers a New Framework
Simone R. D. Francis; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
November 26, 2015, previously published on November 13, 2015
In July of 2015, the American Law Institute published the first Restatement of Employment Law. The Restatement provides a new lens through which employers, employees, and courts can evaluate the common law duties affecting the employment relationship.

 

HTMLFiling of Police Report Accusing Coworker of Stealing Deemed Protected Activity by California Court
Christopher W. Olmsted; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
November 26, 2015, previously published on November 12, 2015
It is generally understood that an employer may not retaliate against an employee for “whistleblowing” and alerting authorities that a business has engaged in unlawful activity. Is an employee also protected against retaliation when he or she reports a coworker to the police for...

 

HTMLPostcards from the R-Case Edge: Insights into Supervisory Status Issues in a Proposed Unit
Matthew J. Kelley; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
November 24, 2015, previously published on November 17, 2015
Since the new “ambush” election rules went into effect on April 14, 2015, there have been over 1,000 petitions for elections filed with the National Labor Relations Board (NLRB). Approximately 60 of those petitions have led to pre-election representation-(R-case) hearings to determine...

 


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