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|School’s Out For Summer, But Not For Administrators: California’s “Yes Means Yes” Legislation Becomes Effective on July 1, 2015|
Tracy A. Warren, Sarah A. Williams; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
July 1, 2015, previously published on June 29, 2015On July 1, 2015, California colleges, universities, and postsecondary schools are required to bolster their compliance with new state laws regarding policies concerning sexual assault, domestic violence, dating violence, and stalking. This new law requires, among other things, that Cal Grant Fund...
|NLRB Moves to Assert Jurisdiction Over Religious Educational Institutions|
Lisa Karen Atkins, John Richard Carrigan, James C. Pennington; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
July 1, 2015, previously published on June 29, 2015Before December of 2014, religious colleges and universities could generally assume that under the National Labor Relations Board’s (NLRB) “substantial religious character” test, the NLRB would decline to assert jurisdiction over them because of their religious missions. The...
|The Obama Administration’s Proposed “Labor Violation” Reporting Duties Present Challenges for Federal Contractors|
Dara L. DeHaven, W. Gregory Mott, Alfred B. Robinson; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
July 1, 2015, previously published on June 26, 2015President Obama’s July 2014 Fair Pay and Safe Workplaces Executive Order 13673 mandates that federal contracting agencies collect information concerning a potential prime contractor’s 3-year violation history with respect to 14 federal labor, employment, wage payment, and safety laws...
|The Same-Sex Marriage Ruling: Key Employment Law Take-Aways|
Nonnie L. Shivers; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
July 1, 2015, previously published on June 26, 2015On June 26, 2015, the Supreme Court of the United States answered the two questions it posed in the consolidated same-sex case, Obergefell v. Hodges, No. 14-556 (June 26, 2015). The consolidated case arose from challenges to Michigan, Kentucky, Ohio, and Tennessee state laws that continued to ban...
|U.S. Supreme Court Lifts Bans on Same-Sex Marriages, Requires Recognition of Valid Same-Sex Marriages|
Nicholas A. Murray, Tasos C. Paindiris, Michelle E. Phillips, Stephanie O. Zorn; Jackson Lewis P.C.;
July 1, 2015, previously published on June 26, 2015Effectively legalizing gay marriage throughout the United States, a divided U.S. Supreme Court has ruled that states must issue a license for a marriage between two people of the same-sex and that state prohibitions against same-sex marriages violate the Fourteenth Amendment rights of same-sex...
|New Jersey Supreme Court Affirms Validity of Criminal Prosecution of Employee’s Theft of Employer’s Documents|
Jason C. Gavejian, Peter Seltzer; Jackson Lewis P.C.;
June 29, 2015, previously published on June 25, 2015A former school board employee who removed confidential documents to assist in her employment lawsuit filed against the school board may be criminally prosecuted, the New Jersey Supreme Court has ruled, affirming an Appellate Division decision. State v. Saavedra, No. A-68-13 (June 23, 2015). The...
|Supreme Court Rules Same-Sex Marriage is a Fundamental Right|
Hilarie Bass, Rebecca H. Silk; Greenberg Traurig, LLP;
June 29, 2015, previously published on June 26, 2015Today, in a 5-4 decision authored by Justice Kennedy, the Supreme Court struck down the laws of those states that preclude same-sex marriage and also held that each state must recognize same-sex marriages lawfully performed in other states. The Court held state laws invalidating same-sex marriage...
|Supreme Court Holds States Cannot Ban Same-Sex Marriage; All States Must Perform and Recognize Same-Sex Marriage|
Katelyn D. Winslow; Ford & Harrison LLP;
June 26, 2015, previously published on June 26, 2015Executive Summary: The U.S. Supreme Court has held that marriage is a fundamental right, and states must perform and recognize same-sex marriage. See Obergefell v. Hodges (June 26, 2015).
|New Harassment and Retaliation Standard in Fourth Circuit|
Michael P. Scott; Nexsen Pruet, LLC;
June 26, 2015, previously published on June 23, 2015Last month, in Boyer-Liberto v. Fontainebleau Corp., No. 13-1473 (4th Cir. May 7, 2015), the federal Court of Appeals for the Fourth Circuit, which includes North and South Carolina, articulated a new standard for analyzing claims of hostile work environment and retaliation under Title VII. For...
|California’s Paid Sick Leave Law Takes Effect July 1|
Brent M. Douglas, Jennifer B. Rubin; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
June 26, 2015, previously published on June 17, 2015As of July 1, 2015, any employer with employees in California must comply with the state’s new Paid Sick Leave Law (AB 1522).