Ogletree, Deakins, Nash, Smoak & Stewart, P.C.

One Ninety One Peachtree Tower 191 Peachtree Street, N.E., Suite 4800
Atlanta, GA 30303, United States

  • 404-881-1300
  • 404-870-1732

Governor Brown Signs Bill Making Companies Liable for Employment Violations of Independent Labor Contractor Companies

This weekend, California Governor Jerry Brown signed Assembly Bill 1897. This bill creates new Labor Code section 2810.3, which applies to all but a very limited number of companies with 25 or more employees (i.e., the “client…more
| Elections & Politics, Labor & Employment Law

NLRB Declines to Revisit Employee Use of Company Email Systems . . . For Now

Under current National Labor Relations Board (NLRB) law, employees do not have a statutory right to use their employers’ email systems for union organizing or for other purposes. Email systems remain employer property for now,…more
| Administrative Law, Labor & Employment Law

Identify Yourself! Deadline for Health Plan Identifiers is Fast Approaching

One of the lesser-known health plan requirements adopted by the Patient Protection and Affordable Care Act (ACA) has an initial deadline that is fast approaching, and most employers will need to take action to ensure that their…more
| Labor & Employment Law, Health, Insurance

U.S. House Judiciary Committee Approves Legislation Creating Civil Cause of Action Under Federal Trade Secrets Protection Act

Federal trade secret legislation may be closer than you think. On September 17, 2014, the Judiciary Committee of the U.S. House of Representatives approved H.R. 5233, the Trade Secrets Protection Act of 2014, with one amendment…more
| Civil Procedure, Intellectual Property, International Law & Trade

New VETS Report on the Horizon

Covered federal contractors and subcontractors must annually report the number of their employees who are protected veterans, and the number of veterans they have hired during a reporting period. At long last, the U.S…more
| Labor & Employment Law, Military Law, Government Contracting

National Mediation Board Rejects Jurisdiction Over Airline Service Provider

On September 11, 2014, the National Mediation Board (NMB), in a split decision, refused to exercise jurisdiction over an airline service provider performing cabin cleaning services for an airline at John F. Kennedy International…more
| Alternative Dispute Resolution (ADR), Labor & Employment Law, Transportation

Recent Changes to California Laws - the Healthcare Perspective

Workers’ Compensation Insurance for Professional Athletes - AB 1309; Labor Code §3600.5 - The efforts made by professional athletes seeking workers’ compensation benefits for injuries that they sustained on the playing…more
| Education, Labor & Employment Law, Privacy, Worker’s Compensation, Health

Electronic Recordkeeping: OSHA Manages to Make a Bad Proposal Even Worse

In November 2013, the Occupational Safety and Health Administration (OSHA) proposed regulations requiring employers to submit injury and illness data electronically, rather than maintain paper OSHA Form 300 logs of work-related…more
| Labor & Employment Law

Is Your Arbitration Agreement Still Enforceable in Missouri After Baker v. Bristol Care, Inc.?

This summer, the Missouri Supreme Court issued a decision that will affect arbitration agreements relied on by employers across the state. The decision—one of many in a recent trend of Missouri cases restricting the…more
| Alternative Dispute Resolution (ADR), Civil Procedure, Commercial Law & Contracts, Labor & Employment Law

NCAA’s Limits on Athletes’ Compensation for Use of Their Names or Likenesses Violates Antitrust Laws

The National Collegiate Athletic Association’s (NCAA) fundamental beliefs about the role of student-athletes and its economic model just received a partial rebuke from the courts. On August 8, 2014, a federal judge ruled that…more
| Antitrust & Trade Regulation, Art, Entertainment, & Sports Law, Civil Remedies, Education, Labor & Employment Law

California Appellate Court Rules That California’s Prevailing Wage Laws Do Not Apply to Off-Site Fabrication

On August 27, 2014, the California Court of Appeal issued its decision in the long-anticipated Russ-Will case, Sheet Metal Workers’ International Association, Local 104 v. Duncan; Russ Will Mechanical, Inc., Court of Appeal of…more
| Labor & Employment Law

White House Announces New EEOC Nomination

On September 15, the White House announced that President Obama’s nomination of Charlotte A. Burrows to the post of Commissioner of the U.S. Equal Employment Opportunity Commission (EEOC) had been sent to the U.S. Senate. The…more
| Elections & Politics, Labor & Employment Law

Medical Cannabis Implications for Employers in Minnesota

On May 29, 2014, Minnesota signed into law Minnesota’s medical cannabis bill (SF No. 2470), which passed the House 89-to-40 and the Senate 46-to-16. The law establishes a registry program for Minnesota residents to legally use…more
| Civil Rights, Labor & Employment Law

Wage Garnishments—A Big Problem with Solutions on the Horizon

Today, much-needed attention is being paid to wage garnishments. National Public Radio (NPR) released a story concerning the increasing use of wage garnishments to collect debts. The NPR piece relies on a report also released…more
| Labor & Employment Law

USCIS 2014 Ombudsman Annual Report Confirms Increased Scrutiny for L-1 Intracompany Transferrees

On June 27, 2014, U.S. Citizenship and Immigration Services (USCIS) released its 2014 Ombudsman Annual Report. The Ombudsman Annual Report confirms what employers and immigration attorneys have been experiencing for the past two…more
| Labor & Employment Law, Immigration Law
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