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HTMLNew York Attorney General Answers White House’s Call: Promises Bill to Curb Non-Compete Use
Hera S. Arsen, Ph.D., Aaron Warshaw; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
November 17, 2016, previously published on November 07, 2016
On the same day that the White House released its “State Call to Action on Non-Compete Agreements,” encouraging states to adopt best practice policies in the enforcement of non-compete agreements, New York State’s Attorney General announced that he plans to introduce legislation...

 

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...

 

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...

 

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...

 

HTMLThe Results Are In: The Consequences of the 2016 Elections for Labor and Employment Policy
Harold P. Coxson; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
November 17, 2016, previously published on November 09, 2016
Some may recall the scene in the movie, Network, in which actor Peter Finch launched into an angry rant on his television news show shouting "I'm as mad as hell, and I'm not going to take this anymore!" He encouraged his viewers to open their windows and shout the same protest. Soon...

 

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...

 

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)...

 

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...

 

HTMLNew York State Department of Labor to Update Existing Minimum Wage Orders
Shabri Sharma, Aaron Warshaw; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
November 17, 2016, previously published on November 07, 2016
As New York employers prepare for the December 1, 2016, implementation of the revised Fair Labor Standards Act (FLSA) overtime regulations, they should be aware of proposed regulations by the New York State Department of Labor (NYSDOL) relating to the New York State Labor Law. On October 19, 2016,...

 

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...

 


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