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HTMLNew Jersey Appellate Division Holds That the NJLAD Prohibits Discrimination Against Employees in the Process of Being Divorced
Robin Koshy, Steven J. Luckner, Evan J. Shenkman; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
July 24, 2014, previously published on July 17, 2014
In Smith v. Millville Rescue Squad, 2014 WL 2894924 (App. Div. June 27, 2014), the Appellate Division held that the New Jersey Law Against Discrimination’s (NJLAD) prohibition against discrimination based on “marital status” encompasses discrimination against individuals who are...

 

HTMLNew Jersey Ban the Box Bill Revised Again, Advances to Governor Christie
Christopher G. Elko, Steven J. Luckner, Evan J. Shenkman; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
July 24, 2014, previously published on July 17, 2014
On June 26, 2014, the New Jersey legislature approved the most recent iteration (A1999) of the “Opportunity to Compete Act” (also referred to as the “Ban the Box” bill), which will now be sent to Governor Chris Christie for consideration. (We discussed previous versions of...

 

HTMLData Privacy Law in the UK, Part III: Employment Background Checks and Monitoring
Richard M. Linskell, Justin T. Tarka; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
White Paper
July 24, 2014, previously published on July 21, 2014
In parts one and two of this series summarizing data protection law in the United Kingdom, we looked at the data protection principles to which employers must adhere in relation to obtaining, holding, or disposing of personal data, including sending it outside the European Union (EU).

 

HTMLAlabama’s New Law Permits the Expungement of Criminal Records
Samantha K. Smith; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
July 24, 2014, previously published on July 17, 2014
In April of 2014, the Alabama legislature approved a measure that permits the expungement of the criminal records of persons charged—but not convicted—of misdemeanors or nonviolent felonies. Governor Robert Bentley signed the bill three months ago, and the so-called “Expungement...

 

HTMLIllinois’s New “Ban the Box” Law Prohibits Asking About Criminal Histories on Job Applications
Colleen G. DeRosa; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
July 24, 2014, previously published on July 21, 2014
On July 19, 2014, Illinois Governor Pat Quinn signed the Job Opportunities for Qualified Applicants Act, making Illinois the fifth state to bar private employers from asking job applicants about their criminal backgrounds until the applicants are deemed “qualified” for the positions....

 

HTMLEEOC Issues Enforcement Guidance on Pregnancy Discrimination and Related Issues
Hera S. Arsen, Camden D. Navarro; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
July 17, 2014, previously published on July 15, 2014
Yesterday, by a 3-to-2 vote of commissioners, the U.S. Equal Employment Opportunity Commission (EEOC) approved a new guidance on the Pregnancy Discrimination Act (PDA). The first comprehensive update on the subject of discrimination against pregnant employees in over 30 years, the...

 

HTMLCity of San Diego Imposes Minimum Wage Hike and Sick Pay Ordinance
Christopher W. Olmsted; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
July 17, 2014, previously published on July 15, 2014
Rejecting a call to place a proposed minimum wage hike on the November ballot as a referendum item, on July 14 the San Diego City Council approved an ordinance raising the city’s minimum wage to $11.50 per hour by 2017.

 

HTMLData Privacy Law in the UK, Part I: An Introduction for U.S. Employers
Richard M. Linskell, Justin T. Tarka; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
July 15, 2014, previously published on July 9, 2014
The recent high-profile decision by the European Court of Justice involving Google has highlighted the existence of stringent data privacy laws in the European Union (EU). However, although the Google decision was groundbreaking insofar as it concerned a requirement that a search engine remove...

 

HTMLProper Processes Can Insulate Employer From Tortious Act of Employees
Larry D. Smith; Ogletree Deakins Nash Smoak Stewart P.C.;
Legal Alert/Article
July 15, 2014, previously published on July 8, 2014
Employers occasionally become dejected over the prospects of defending against tort and other civil claims in state courts. However, a recent case out of Houston reaffirms that employers can and do win these kinds of cases when they have implemented the appropriate policies.

 

HTMLCalifornia Supreme Court: Newspaper Carriers Can Proceed With Class Action Challenging Independent Contractor Status
Ameneh K. Ernst; Ogletree Deakins Nash Smoak Stewart P.C.;
Legal Alert/Article
July 15, 2014, previously published on July 1, 2014
On June 30, 2014, the California Supreme Court issued a decision addressing how trial courts should determine the appropriateness of class certification in cases where workers claim they were improperly classified as independent contractors. In a case brought by a group of newspaper carriers...

 


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