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Ogletree, Deakins, Nash, Smoak & Stewart, P.C. Document Search Results (382)

 

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HTMLEmployee Needs More Than Speculation to Support his Retaliation Claim
Maria Greco Danaher; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
April 21, 2014, previously published on April 17, 2014
To prevail on a claim of retaliation under federal law, an employee must prove that he or she engaged in a “protected activity” under an antidiscrimination statute and subsequently suffered an adverse employment action. In addition, the employee must establish that the protected...

 

HTMLCalifornia Court Gives the Green Light for Arbitration of Wrongful Termination Suit
Ameneh K. Ernst; Ogletree Deakins Nash Smoak Stewart P.C.;
Legal Alert/Article
April 21, 2014, previously published on April 16, 2014
Sanchez v. CarMax Auto Superstores California, LLC, B244772 (March 4, 2014): The California Court of Appeal recently found that an employer’s arbitration agreement and dispute resolution rules and procedures (DRRP) are not “unduly harsh, oppressive, or one-sided” even though they...

 

HTMLDepressed Employee’s Vacation Leave Request Did Not Qualify For FMLA Protection
Maria Greco Danaher; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
April 16, 2014, previously published on April 9, 2014
The vacation request of an employee suffering from depression and anxiety did not qualify as a leave request under the Family and Medical Leave Act (FMLA), according to a recent decision of the Eleventh Circuit Court of Appeals. While the leave might have proven medically beneficial, the court...

 

HTMLMajor League Baseball Volunteers Are not Employees Under the FLSA
Brian Jeffrey Gershengorn, P. Kramer Rice; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
April 16, 2014, previously published on April 9, 2014
On March 26, 2014, the District Court for the Southern District of New York dismissed John Chen’s proposed Fair Labor Standards Act (FLSA) collective action against Major League Baseball (MLB) alleging that MLB had failed to pay him and all other All-Star Week FanFest volunteers the minimum...

 

HTMLIllinois Supreme Court Strikes Down Eavesdropping Statute as Overly Broad
Kwabena A. Appenteng; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
April 16, 2014, previously published on April 14, 2014
The Illinois Supreme Court recently issued two opinions that together invalidated Illinois’ eavesdropping statute, 720 ILCS 5/14-2. The statute, which is part of the Illinois Criminal Code, prohibits a person from “knowingly and intentionally” using an eavesdropping device to...

 

HTMLFilling in the Retirement Plan Gaps for Same-Sex Couples—What It Means for Your Retirement Plan
David S. Rosner; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
April 16, 2014, previously published on April 10, 2014
Employers and participants alike have been anxiously waiting for further guidance from the Internal Revenue Service (IRS) on how marriages of same-sex couples will be treated for purposes of qualified retirement plans.

 

HTMLSame-Sex Marriages and Windsor: IRS Issues Notice on Retirement Plan Amendments and Retroactivity
David S. Rosner; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
April 16, 2014, previously published on April 11, 2014
Employers and participants alike have been anxiously waiting for further guidance from the Internal Revenue Service (IRS) on how marriages of same-sex couples will be treated for purposes of qualified retirement plans.

 

HTMLUSCIS Receives Around 172,500 H-1B Petitions, Completes Selection Lottery
Nicole Brooks, Charles Gillman; Ogletree Deakins Nash Smoak Stewart P.C.;
Legal Alert/Article
April 16, 2014, previously published on April 10, 2014
On April 7, 2014, U.S. Citizenship and Immigration Services (USCIS) stated that it had received sufficient H-1B cap-subject petitions to reach the annual 65,000 “regular cap” limit for fiscal year (FY) 2015. USCIS also received more than 20,000 H-1B petitions filed on behalf of foreign...

 

HTMLTennessee Employers Beware—Make Sure You Are Paying Your Employees On Time
William Rutchow; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
April 16, 2014, previously published on April 14, 2014
Tennessee requires employers to comply with several requirements when it comes to paying employees their wages. Most of these requirements are set out in the Tennessee wage payment statute. Employers are required to maintain regular paydays and notify employees of when these paydays are with...

 

HTMLEmployer Failed to Establish Tortious Interference by Current Employees Who Were Secretly Operating a Competing Business
Todd M. Torres; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
April 11, 2014, previously published on April 7, 2014
An employer failed to show that its former employees tortiously interfered with its current and prospective customers, even though they had been secretly operating a competing business while working for the employer. In deciding Aid Maintenance Co., Inc. v. Realty Maintenance Service, Inc. (C.A....

 


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