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

California PAGA Amendments Will Expand Labor Officials’ Involvement in PAGA Claims

On June 15, 2016, the California Legislature approved Governor Jerry Brown’s budget. As part of the budget, the Legislature passed SB 836. Included as part of this 96-page budget “trailer bill” are a number of amendments to the…more
| Labor & Employment Law

Fisher, the Sequel: Supreme Court Upholds Public University’s Affirmative Action Program

On June 23, 2016, the Supreme Court of the United States ruled that the race-conscious admission program that a public university used for undergraduate admissions was lawful under the Equal Protection Clause of the Fourteenth…more
| Civil Procedure, Civil Rights, Constitutional Law, Education

UK Votes to Leave the European Union: What Does This Mean for U.S. Companies With European Subsidiaries?

The people of the United Kingdom have spoken on the issue of whether the United Kingdom should leave or remain in the European Union (EU), and by a narrow margin have decided to leave. In fact, by region, the voters of Scotland…more
| Finance & Banking, International Law & Trade, Labor & Employment Law, Privacy, Securities Law

Immigration Showdown: Defeat for the Obama Administration’s Deferred Action Policies

On Thursday, June 23, 2016, the Supreme Court of the United States reached a 4 – 4 tie on issues related to the validity of the Obama administration’s contested immigration programs, Deferred Action for Parents of Americans and…more
| Civil Procedure, Constitutional Law, Labor & Employment Law, Immigration Law

Minneapolis Passes Paid Sick and Safe Leave Ordinance

On May 27, 2016, after more than six months of public discussion, the Minneapolis City Council unanimously approved an ordinance that will require all employers in the city to provide paid sick and safe leave to most workers…more
| Labor & Employment Law

When Rolling the Dice Didn’t Lead to Success: Visa Options After the H-1B Cap Lottery

Employers seek predictability when hiring employees. You don’t need to be a mathematician (although that might help qualify you as an outstanding researcher) to know that the odds of being selected in U.S. Citizenship and…more
| Education, Labor & Employment Law, Immigration Law

Minnesota Court Finds Persuader Rule Has Substantial Likelihood of Being Overturned

On June 22, 2016, in Labnet, Inc. v. U.S. Department of Labor, the U.S. District Court for the District of Minnesota issued the first decision arising out of three separate lawsuits seeking preliminary injunctions blocking the…more
| Commercial Law & Contracts, Labor & Employment Law

It’s All Good in China, Until It Isn’t: Tips and Flags for PRC Employers

Due to factors such as China’s rapid economic development, a disconnect between legislation and enforcement, the country’s historic reliance on personal connections (or guanxi) to do business, and idiosyncratic local regulations…more
| Commercial Law & Contracts, Labor & Employment Law

Tennessee’s Gun-Free Workplaces Must Heed New Notice Requirements

Tennessee generally allows employers to prohibit employees and other individuals from possessing weapons on properties owned or operated by employers. The primary exception to this general rule concerns individuals with lawful…more
| Labor & Employment Law

Jocks and Docs: Classifying Postdocs and Coaches Under the DOL’s New Rules

On May 18, 2016, the Wage and Hour Division (WHD) of the U.S. Department of Labor (DOL) issued its final rule, “Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Outside Sales and Computer…more
| Education, Labor & Employment Law

Five Questions You Should Ask About the Defend Trade Secrets Act

What Is the DTSA and How Is It Different From the Uniform Trade Secrets Act? Until recently, the Economic Espionage Act of 1996 (EEA) allowed for federal trade secret actions by the U.S. Department of Justice. The Defend…more
| Civil Remedies, Commercial Law & Contracts, Intellectual Property, Labor & Employment Law

What Employers Need to Know About the New State Garnishment Laws, Part II: Tennessee, California, South Dakota, and West Virginia

The requirements and processes applicable to employers handling garnishments are primarily governed by state law—meaning that multi-state employers need to be aware of the federal Consumer Credit Protection Act (CCPA) in…more
| Labor & Employment Law

NLRB General Counsel Orders Complaints in All Withdrawal-of-Recognition Cases

In yet another assault on long-established labor law precedent, on May 9, 2016, National Labor Relations Board (NLRB) General Counsel Richard Griffin ordered the issuance of NLRB complaints in every case in which an employer…more
| Commercial Law & Contracts, Labor & Employment Law

Car Dealership’s Service Advisors’ Overtime Controversy Stalls in the Supreme Court

On June 20, 2016, the Supreme Court of the United States issued a ruling regarding the Fair Labor Standards Act’s (FLSA) overtime exemption for “any salesman, partsman, or mechanic primarily engaged in selling or servicing…more
| Civil Procedure, Labor & Employment Law

The Employment Law Authority - May/June 2016

The minimum salary threshold to qualify for the executive, administrative, and professional exemptions to the Fair Labor Standards Act (FLSA) will more than double on December 1, 2016, from $23,660 per year to $47,476 per year…more
| Civil Rights, Labor & Employment Law
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