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

The Employment Law Authority - December 2014

In This Issue: - Justices Issue Pro-Employer Rulling in FLSA Case - Ogletree Deakins Named A "Law Firm of the Year" - California Mandates Anti-Bullying Training for Supervisors - OFCCP Issues Final…more
| Civil Rights, Elections & Politics, Labor & Employment Law, Immigration Law, Government Contracting

Illinois Employment Law Update

As 2014 comes to a close, we would like to take this opportunity to remind our clients with Illinois operations about the recent legislative changes with which Illinois employers must be familiar. A number of the laws are…more
| Civil Rights, Criminal Law, Labor & Employment Law, Finance & Banking

SCOTUS Rules CAFA Removal Notices Need Contain Only a Plausible Allegation That Amount in Controversy is Satisfied

On December 15, 2014, the Supreme Court of the United States decided a critical issue regarding Class Action Fairness Act of 2005 (CAFA) removals. Specifically, the Supreme Court settled a controversy surrounding what…more
| Civil Procedure, Energy & Utilities

Worker Failed to Show Pretext Following Contract Nonrenewal

The district court properly dismissed a former employee’s retaliation claim under the Americans with Disabilities Act (ADA) because she failed to prove that the employer’s performance-based reasons for her termination were a…more
| Civil Procedure, Civil Rights, Labor & Employment Law

What’s Next For Retailers After Integrity Staffing?

It is well-established that employees are responsible for a vast amount of inventory theft—or shrink—that retail employers experience on a daily basis. Recognizing this fact, retail employers utilize various loss prevention…more
| Labor & Employment Law

FAQs About the New Jersey Opportunity to Compete Act (aka New Jersey’s “Ban the Box” Law)

New Jersey’s Opportunity to Compete Act (also known informally as the New Jersey “ban the box” law), N.J.S.A. 34:6B-11 et seq., goes into effect on March 1, 2015. The new law restricts most employers’ ability to request criminal…more
| Conflict of Laws, Labor & Employment Law

Congress Passes FY 2015 Omnibus Appropriations Bill: What it Means for Labor and Employment Agencies

Narrowly averting a federal government shutdown, on December 13 in a rare Saturday evening session the Senate passed the massive 1600 page, $1.1 trillion FY2015 Omnibus Appropriations bill that will fund government operations…more
| Elections & Politics, Labor & Employment Law, Finance & Banking, Government Contracting

NLRB Issues "Ambush Election" Rules — Union Elections Now Likely to Occur in Less than 21 Days

On December 12, 2014, the National Labor Relations Board (NLRB) implemented the long- anticipated “ambush election” rules, which govern the procedures for union representation elections. The new rules go into effect on April 14,…more
| Labor & Employment Law

Yule Time Tips, Part III: Holiday Gifts Under Increasing Scrutiny

During the holidays, many of us like to show our appreciation to clients by sending gifts or entertaining them with special dinners or other fun and festive celebrations of the season. But be careful. Corporate gift policies…more
| Labor & Employment Law

NLRB Establishes new Right for Employees To Use Company Email During Non-Working Time: Is The Obama Board Out Of Control?

On December 11, 2014, a sharply divided National Labor Relations Board (NLRB) ruled in a 3-to-2 decision that employees with access to employer email systems “in the course of their work” must, in most cases, be allowed to use…more
| Labor & Employment Law

Yule Time Tips, Part II: Knowing the Difference Between Religious Assumptions and Religious Accommodations

Picture this scenario. You are a busy manager of a retail organization. You assume that a sales employee is deeply religious because she wears religious symbols around her neck, talks about her pastor and church services…more
| Civil Rights, Labor & Employment Law

City of Columbia Is First in Missouri to Approve “Ban the Box” Legislation

In keeping with the “ban the box” legislative trend, the Columbia City Council unanimously passed a “ban the box” ordinance on December 1, 2014. The ordinance, which went into effect immediately, prohibits public and private…more
| Civil Rights, Labor & Employment Law

Intern Sues Company in First-of-its-Kind Discrimination Suit under Rhode Island’s Medical Marijuana Law

A graduate student has filed suit with the help of the Rhode Island chapter of the American Civil Liberties Union against a textile manufacturer that allegedly rescinded an offer for a paid internship because the student is a…more
| Civil Rights, Labor & Employment Law

Lauren McFerran Confirmed To National Labor Relations Board — Obama Union-Friendly Agenda Likely to Continue

On Monday December 8, 2014, the U.S. Senate voted along party lines to confirm President Obama nominee Lauren McFerran to the National Labor Relations Board (NLRB). McFerran, currently the chief labor counsel for the Senate…more
| Elections & Politics, Labor & Employment Law

Supreme Court Rules Security Screenings Are Not "Integral and Indispensable" to Principal Activities and Thus Not Compensable

On Tuesday, December 9, 2014, the Supreme Court of the United States ruled that the time workers spend waiting to undergo and undergoing security screenings is not compensable under the Fair Labor Standards Act (FLSA). According…more
| Civil Procedure, Labor & Employment Law
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