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

Connecticut's Highest Court Reinstates State Employee Fired for Smoking Marijuana at Work

The Supreme Court of Connecticut recently held, by a unanimous decision, that termination was not the only appropriate disciplinary action for a public employee who had been caught smoking marijuana during working hours. In so…more
| Alternative Dispute Resolution (ADR), Civil Procedure, Civil Remedies, Labor & Employment Law

Outsourcing and the Value Added Tax: Mexico’s Third Circuit Reminds Employers to Consult the Federal Labor Law

On July 15, 2016, the Third Circuit Court on Administrative Matters, acting in plenary session (based in Jalisco), published a Judicial Interpretation titled, “Provision of Independent Services: In order to determine whether or…more
| Business Organizations, Labor & Employment Law, International Law & Trade, Taxation

Low-Wage Employees in Illinois Protected From Noncompetes Under New Law

On August 19, 2016, Illinois Governor Bruce Rauner signed a bill prohibiting noncompete agreements for low-wage employees. In addition to prohibiting most private-sector employers from entering into noncompetes with its low-wage…more
| Labor & Employment Law

Seventh Circuit Invites Supreme Court to Make Sexual Orientation Discrimination Actionable Under Title VII

Bound by its own precedent, the Seventh Circuit Court of Appeals again held that Title VII of the Civil Rights Act of 1964 does not redress sexual orientation discrimination in Hively v. Ivy Tech Community College, (7th Cir…more
| Civil Rights, Labor & Employment Law

Attention—The DOL Has Made its FMLA Poster More “Reader Friendly”!

Generally, the Family and Medical Leave Act (FMLA) provides eligible employees of covered employers with up to 12 workweeks of unpaid leave for certain family and medical reasons, with continuation of group health insurance…more
| Labor & Employment Law

Class Action Retirement Plan Litigation Hits Higher Ed Hard

In recent weeks, multiple class action lawsuits have been filed against private, nonprofit universities across the country alleging breaches of fiduciary duty and claiming millions of dollars in damages for retirement plan…more
| Civil Procedure, Education, Labor & Employment Law

Ninth Circuit Holds Class Action Waivers Violate NLRA: What Employers Should Do Now

In an important 2–1 decision, a divided panel of the Ninth Circuit Court of Appeals recently concluded class action waivers in arbitration agreements violate the National Labor Relations Act (NLRA) and therefore are…more
| Alternative Dispute Resolution (ADR), Civil Remedies, Labor & Employment Law

Key Arguments in Defending a Disability Claim Based on Subjective Complaints

Courts often do not clearly articulate what are key arguments in defending an action under the Employee Retirement Income Security Act of 1974 (ERISA) involving a claim for benefits based on subjective complaints. However, the…more
| Civil Procedure, Insurance

NLRB Holds That Grad and Undergrad Teaching Assistants at Columbia University Are “Employees”

In a 3-1 decision, the National Labor Relations Board (NLRB) held that “student assistants who perform work at the direction of their university for which they are compensated are statutory employees.” In The Trustees of…more
| Education, Labor & Employment Law

White House Announces Release of Final Contractor Blacklisting Rules: Phased Implementation for Prime Contractors and Subcontractors

The long wait for the so-called “contractor blacklisting” rules is over. According to a fact sheet released by the White House, final regulations and guidance will be released on August 24, 2016 and published in the Federal…more
| Labor & Employment Law, Government Contracting

Accessibility for Ontarians With Disabilities Act, 2005, Part III: What Are My Obligations as a Private-Sector Employer Under the Law’s Integrated Accessibility Standards?

This is the third and final installment in a three-part series of articles focused on employers’ duties under Ontario’s Accessibility for Ontarians with Disabilities Act, 2005 (AODA). Part one addressed the scope and…more
| Labor & Employment Law

Restrictive Covenants in Michigan: A Cent, a Peppercorn, or Continued At-Will Employment

A business dispute in Michigan may provide insight into the consideration required to support a noncompete contract restricting future employment. Innovation Ventures, LLC v. Liquid Manufacturing, LLC, No. 150591, Michigan…more
| Commercial Law & Contracts, Labor & Employment Law, Business Torts

DUI Arrest Could Now Lead to Visa Revocation for Employees in U.S. Even Without a Conviction

Employers should be aware that foreign nationals in the United States on nonimmigrant work visas (such as H-1B, L-1, and O-1 visas) are subject to severe consequences following an arrest for driving under the influence (DUI) or…more
| Criminal Law, Labor & Employment Law, Immigration Law

New Arizona Laws Seek to Clarify Independent Contractor Status

Arizona’s new Declaration of Independent Business Status (DIBS) law went into effect on August 6, 2016. Arizona employers can now clarify their relationships with independent contractors under certain circumstances. For purposes…more
| Labor & Employment Law

Consistent Enforcement of Drug Policies Key to Avoiding Disparate Treatment Claims

Following termination stemming from a positive drug test for marijuana, a Native American female, appearing pro se, filed a federal lawsuit against her former employer, Mohave County’s Public Works Department. She alleged…more
| Civil Rights, Constitutional Law, Indigenous Peoples, Labor & Employment Law
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