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HTMLLet’s Shake On It: Texas Case Exemplifies the Perils of Adopting a Company-Wide Practice of Oral Agreements
Tiffany L. Cox; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
August 21, 2014, previously published on August 18, 2014
An opinion out of the Fourteenth Court of Appeals demonstrates why employers need to be weary of developing a practice of oral agreements in regards to compensation upon which at-will employees may detrimentally rely. The court affirmed a judgment in excess of $1.1 million in favor of a former...

 

HTMLNew Jersey Governor Christie Signs Ban the Box Law
Mark Diana, Steven J. Luckner, Jocelyn A. Merced, Evan J. Shenkman; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
August 18, 2014, previously published on August 12, 2014
On August 11, 2014, New Jersey Governor Chris Christie signed into law “The Opportunity to Compete Act”—also referred to as the “ban the box” law—adding New Jersey to the growing list of states where employers are prohibited from asking criminal conviction...

 

HTMLIllinois Permits Employer Use of Payroll Cards
Kwabena A. Appenteng, Norma Manjarrez; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
August 12, 2014, previously published on August 8, 2014
On August 6, 2014, Illinois Governor Pat Quinn signed HB5622 into law, amending the Illinois Wage Payment and Collection Act (IWPCA) to permit employers to pay employees using payroll cards. Up until now, the IWPCA permitted employers to pay their employees by only cash, check, or direct deposit...

 

HTMLSEC Brings First Whistleblower Anti-Retaliation Enforcement Action
Margaret Hutchins Campbell, Jesse C. Ferrantella; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
August 12, 2014, previously published on August 7, 2014
On June 16, 2014, the U.S. Securities and Exchange Commission (SEC) resolved its first whistleblower retaliation enforcement action. The SEC’s order against Paradigm Capital Management, Inc. is the first-ever enforcement action brought by the agency under the anti-retaliation provisions of...

 

HTMLNLRB Decisions on “Micro Units” Provide Guidance for Employers Concerned With Union Organizing
Eric C. Stuart; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
August 12, 2014, previously published on August 7, 2014
In two recent decisions, the National Labor Relations Board (NLRB) reached different conclusions on whether unions can organize small groups of employees in a workplace. While the NLRB’s decisions in Macy’s, Inc. and The Neiman Marcus Group, Inc. d/b/a Bergdorf Goodman, both deal with...

 

HTMLPresident Obama Issues Two Executive Orders in 10-Day Period
Leigh M. Nason; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
August 6, 2014, previously published on July 31, 2014
President Obama issued the Fair Pay and Safe Workplaces Executive Order on Wednesday, July 30 only 10 days after prohibiting federal contractors from discriminating based on sexual orientation and gender identity, in the Further Amendments to Executive Order 11478, Equal Employment Opportunity in...

 

HTMLThe Arbitration Obligations Imposed by the Fair Pay and Safe Workplaces Executive Order
Hera S. Arsen, J.D., Ph.D., Ron Chapman, Leigh M. Nason; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
August 6, 2014, previously published on August 1, 2014
As we discussed yesterday in our blog post, “President Obama Issues Two Executive Orders in 10-Day Period,” this week President Obama issued the Fair Pay and Safe Workplaces Executive Order. Under this order, federal contractors will be required to disclose labor law violations and...

 

HTMLMinnesota Minimum Wage Increases Today
Jody A. Ward-Rannow; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
August 6, 2014, previously published on August 1, 2014
In April the Minnesota legislature passed legislation establishing incremental increases to the state minimum wage over the next three years. The first increase takes effect on August 1, 2014. The new minimum wage impacts employers differently. Here are several key provisions and the impact they...

 

HTMLBeware of H-1B Wage Law Violations: Company to be Debarred, Ordered to Pay Over $120,000 in Penalties and Back Pay for H-1B/LCA Violations
Nicole Brooks; Ogletree Deakins Nash Smoak Stewart P.C.;
Legal Alert/Article
August 4, 2014, previously published on July 31, 2014
A recent case before the Office of Administrative Law Judges (ALJ) is a compelling reminder that violations of H-1B wage requirements can result in significant financial penalties and fines. Moreover, violations of H-1B program rules also can lead to program debarment and even criminal...

 

HTMLAugust 2014 Visa Bulletin: Advancement of EB-3 China and EB-2 India Cut-off Dates
Nicole Brooks; Ogletree Deakins Nash Smoak Stewart P.C.;
Legal Alert/Article
August 4, 2014, previously published on July 31, 2014
The U.S. Department of State’s (DOS) Visa Bulletin sets out per country priority date cut-offs that regulate when an individual can begin the final phase of the lawful permanent residence (“green card”) process, either through adjustment of status or a consular immigrant visa...

 


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