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HTMLPAGA Representative Claims Remain Alive After SCOTUS Denies Iskanian Review
Hera S. Arsen; Ogletree Deakins Nash Smoak Stewart P.C.;
Legal Alert/Article
March 3, 2015, previously published on January 20, 2015
This morning, the Supreme Court of the United States declined review of a state supreme court case that has sparked widespread flux in the landscape of class action arbitration waivers in California. In Iskanian v. CLS Transportation Los Angeles, LLC, S204032 (June 23, 2014), the Supreme Court of...

 

HTMLFifth Circuit Adopts Standard in Disability Cases That Will Make it Harder for Employers to Obtain Summary Judgment
Lawrence D. Smith; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
March 3, 2015, previously published on January 6, 2015
In Equal Employment Opportunity Commission v. LHC Group Inc., the Fifth Circuit Court of Appeals evaluated a trial court’s grant of summary judgment to an employer on an employee’s disability discrimination claims. In reaching its decision on the disability discrimination claim related...

 

HTMLOFCCP Posts Two New FAQs on Veteran Self-Identification and the VETS-4212 Form
Hera S. Arsen, Leigh M. Nason; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
March 3, 2015, previously published on January 24, 2015
On October 27, 2014, a new reporting form for veterans, the VETS 4212 reporting form, replaced the VETS-100A and VETS-100 Forms. In response to inquiries about contractors’ new requirements as a result of this chance, on January 20, the Office of Federal Contract Compliance Programs (OFCCP)...

 

HTMLFeb. 2 Deadline Looming to Implement Retroactive Increase in 2014 Mass Transit Benefit Limits
Vicki M. Nielsen; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
March 3, 2015, previously published on January 23, 2015
Affected employers must move quickly to take advantage of a special administrative procedure regarding a retroactive increase in excludable transit benefits enacted on December 19, 2014, under the Tax Increase Prevention Act of 2014 (TIPA). Because affected Internal Revenue Service (IRS)...

 

HTMLMartial Arts & Legal Ethics
Jathan Janove; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
March 3, 2015, previously published on January 29, 2015
Years ago, I studied Karate. Karate is defensive. My Sensei used to say, “The best fight is the one you avoid.” Yet we were drilled endlessly on block-strike techniques. The attack comes; you block it; and then you strike your attacker. In real life, this can mean injuring or even...

 

HTMLVirgin Islands Supreme Court Addresses Wrongful Discharge Act and Other Statutory Causes of Action
Simone R. D. Francis; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
March 3, 2015, previously published on February 16, 2015
In a unanimous decision, the Supreme Court of the Virgin Islands held that the Wrongful Discharge Act (WDA) provides a remedy not only when an individual is discharged or resigns under circumstances that are alleged to constitute a constructive discharge, but also when the individual is demoted...

 

HTMLImmigration Spotlight: Global Immigration Alert (Colombia): New TP-15 Nonimmigrant Visa Category to Benefit Non-Mercosur Dependents in Colombia
Ogletree Deakins Nash Smoak Stewart P.C.;
Legal Alert/Article
March 3, 2015, previously published on February 4, 2015
Effective immediately, family members of Argentinians, Bolivians, Brazilians, Chileans, Ecuadorians, Paraguayans, Peruvians, and Uruguayans (“Mercosur nationals” with the exception of Venezuelans) are eligible applicants for dependent status under Colombia’s new TP-15 visa...

 

HTMLMinimum Wage Hikes Hit 21 States
Michelle R. Maslowski; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
February 26, 2015, previously published on December 31, 2014
Raising the minimum wage was certainly a hot topic in 2014 (even more so than in 2013). The issue sparked employees in several industries across the country to organize high-profile protests, asserting that minimum wages are not sufficient and a raise in the wage floor is due. President Obama...

 

HTMLCourt Vacates DOL’s Regulations Mandating Minimum Wage and Overtime Payments to Home Health Care Employees
Robert R. Roginson, Carolyn E. Sieve; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
February 26, 2015, previously published on December 31, 2014
Just as many home health care agencies were gearing up for a major change to their businesses, a federal judge in Washington D.C. struck down the new U.S. Department of Labor (DOL) regulation extending the federal overtime and minimum wage requirements to home care workers employed by third-party...

 

HTMLMissouri Minimum Wage Increases Effective January 1, 2015
James M. Paul; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
February 26, 2015, previously published on December 31, 2014
The Missouri Department of Labor and Industrial Relations announced an increase to Missouri’s minimum wage, effective January 1, 2015. Missouri’s minimum wage has now increased to $7.65 per hour. This 15-cent increase over the 2014 minimum wage of $7.50 per hour is based on an increase...

 


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