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HTMLNinth Circuit Creates Bright-Line Rule, Finds Those Who Cannot Sit for More Than Four Hours Cannot Perform Sedentary Jobs
Sean P. Nalty; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
November 17, 2016, previously published on November 08, 2016
When applying de novo review to a claim for disability benefits under a group disability policy governed by the Employee Retirement Income Security Act of 1974 (ERISA), district courts must consider all the evidence and determine if a preponderance of that evidence establishes entitlement to...

 

HTMLBeauty School (Arbitration) Dropout: Ninth Circuit Bars Belated Attempt to Arbitrate
Lisa Mireille Bowman; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
November 17, 2016, previously published on November 7, 2016
Defendants who try their hands at litigation on the merits and seek arbitration only after things don’t go their way, risk losing the right to arbitrate-as the Ninth Circuit Court of Appeals made clear in the recent case of Martin v. Yasuda . In the case, the court barred a beauty school and...

 

HTMLMarijuana Measures on the Ballot in Nine States
KyraAnne Gates, Rayna Habel Jones; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
November 17, 2016, previously published on November 07, 2016
On Tuesday, November 8, 2016, nine states will have marijuana-related measures on their ballots-five states will consider whether to legalize marijuana for recreational use and four states will vote on whether to allow medical marijuana. Given these impending state law changes, the legalization of...

 

HTMLWhen Do Construction Claims Expire in Illinois?
Jonathan Mraunac; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
November 17, 2016, previously published on November 09, 2016
When facing or asserting claims arising out of a construction project in Illinois, it is vital to understand the nuances of the statutes of limitation and repose that govern the time periods within which claimants must assert claims related to construction projects (i.e., claims against those...

 

HTMLWhat Trump's Victory Means for OSHA
John F. Martin; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
November 17, 2016, previously published on November 10, 2016
Trump’s victory in Tuesday’s Presidential election has conventional wisdom predicting that his administration will defang the Occupational Safety and Health Administration (OSHA) in several ways. One, by ending or curtailing the agency’s current policy of pushing aggressive...

 

HTMLHoliday Travel Tips for Foreign Nationals
Kara Lynn Kelly; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
November 17, 2016, previously published on November 10, 2015
As the holiday season is approaching, foreign national employees with international travel plans should ensure that they have all necessary immigration documents for reentry to the United States. As this may require attending a visa appointment at a U.S. embassy or consulate prior to returning to...

 

HTMLWashington’s New Minimum Wage and Paid Sick Leave Become Law With Fast-Approaching Effective Dates
Adam T. Pankratz; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
November 17, 2016, previously published on November 10, 2016
With all of the votes counted, Initiative 1433, which will raise the minimum wage and require paid sick leave throughout Washington, has passed by a fairly wide margin. The first substantial increase in the minimum wage begins on January 1, 2017, while the paid sick leave requirement goes into...

 

HTMLImplementing Arizona’s New Paid Sick Time Law: What Employers Need to Know
Tibor Nagy; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
November 17, 2016, previously published on November 09, 2016
Last month we wrote about the likely passage of Arizona’s Proposition 206, the so-called Minimum Wage and Paid Time Off Initiative, and we touched on some of its key elements. Now that Prop. 206 has passed, we offer the following comprehensive analysis of the Paid Sick Time provision (PST)...

 

HTMLBusiness Immigration in a Trump Administration
Jacob D. Cherry; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
November 17, 2016, previously published on November 10, 2016
Immigration was a frequent topic of conversation during the presidential campaign. With limited exceptions, however, the rhetoric generally did not encompass high-skilled business immigration. Indeed, President-elect Donald Trump’s 10-point immigration plan overwhelmingly focuses on...

 

HTMLDoes the ADA Protect a Customer Service Agent With Dissatisfied Customers? The Ninth Circuit Says No
Hera S. Arsen, Ph.D., Dawn M. Knepper; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
November 17, 2016, previously published on November 10, 2016
The Ninth Circuit Court of Appeals recently ruled against a failure-to accommodate claim brought by a customer service employee who was fired for poor performance. According to the court, the former employee, who suffered from endometriosis and headaches, was not able to show that she was qualified...

 


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