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

Rhode Island Enacts Legislation Authorizing the Use of Electronic Pay Cards

On July 10, 2015, the Rhode Island General Assembly sent Governor Gina Raimondo a compromise measure (House Bill 5590/Senate Bill 351) that would allow Rhode Island employers—for the first time in the state’s history—to pay…more
| Elections & Politics, Finance & Banking, Labor & Employment Law

Is Everyone Disabled? Temporary Disabilities and the Ever-Expanding Definition of “Disability"

Following the amendments to the Americans with Disabilities Act (ADA)—the ADA Amendments Act of 2008 (ADAAA)—employers were told to refrain from asking employees whether they were disabled. The employer community took this…more
| Civil Rights, Labor & Employment Law

Lessons from Deflategate: 5 Ways to Avoid Workplace Investigation Fumbles

Over the years, the topic of workplace investigations has gained increasing importance in the HR and employment law world. Now, with investigations routinely making headlines, they have become a part of our popular culture as…more
| Art, Entertainment, & Sports Law, Labor & Employment Law

OSHA Proposes New Rules to “Clarify” Recordkeeping Obligations

On July 29, the Occupational Safety and Health Administration (OSHA) published in the Federal Register a proposed rule to “clarify” employers’ recordkeeping obligations under 29 C.F.R. Part 1904. Comments are due by September…more
| Labor & Employment Law

Who’s That Knocking at Your Door? USCIS Plans House Calls to Retrieve Erroneous EADs

U.S. Citizenship and Immigration Services (USCIS) is taking extreme measures to get back all the three-year Employment Authorization Document (EAD) cards erroneously issued to Deferred Action for Childhood Arrivals (DACA)…more
| Immigration Law, Labor & Employment Law

MSHA Workplace Examination “Clarification” Places Enforcement Target Squarely on Operators

Over the years, the Mine Safety Health Administration (MSHA) has tried on two different occasions to overhaul the workplace examination standard at 30 CFR §56/57.18002 by issuing program policy letters. The agency’s primary goal…more
| Administrative Law, Energy & Utilities, Labor & Employment Law

Do Discharges Resulting From a Career Planning Program Amount to Group Termination Under the OWBPA?

In Barnes v. The Hershey Company, No. 3:12-cv-01334, Judge Charles R. Breyer of the U.S. District Court for the Northern District of California granted summary judgment to an employer on the age claims brought by several former…more
| Civil Rights, Labor & Employment Law

DOL’s Recent Guidance on the “Economic Realities” Test and Effects on Independent Contractor Misclassification in the Energy Industry

Paying hot-shot drivers by the load or mile? Contracting out repair work to vehicles or machinery? Are individuals who regularly perform work integral to your business being paid through accounts payable? Have welders that you…more
| Labor & Employment Law

U.S. Embassy in London to Be Temporarily Closed August 7 and 10

The Bureau of Consular Affairs of the United States Department of State has announced that the Embassy of the United States of America in London will be closed from Friday, August 7, 2015 through Monday, August 10, 2015…more
| Immigration Law, International Law & Trade

Another One Bites The Dust: Missouri Court Refuses to Enforce Arbitration Agreement Due to Unilateral and Retroactive Modification Clause

Arbitration agreements have been a roller coaster for Missouri employers. Recently, in State ex rel. Hewitt v. Kerr, the Missouri Supreme Court enforced such an agreement, sending an employee’s discrimination lawsuit to…more
| Alternative Dispute Resolution (ADR), Labor & Employment Law

“Common Sense” Shows The Value of a Well-Written Dissent: Southern New England Telephone Company v. NLRB

It must be frustrating to be in the minority of an administrative adjudicatory body and to constantly be forced to write dissenting opinions, as was the case for former National Labor Relations Board (NLRB) member Brian E. Hayes…more
| Civil Procedure, Labor & Employment Law

New York Wage Board Recommends Minimum Wage of $15 per Hour for Fast Food Workers

As we previously reported, New York Governor Andrew M. Cuomo recently appointed a Wage Board to make recommendations on increasing the minimum wage for New York State fast food employees. Throughout the recent public meeting…more
| Elections & Politics, Labor & Employment Law

The First 100 Days of Ambush Elections: Impact on the Retail and Hospitality Sectors

The National Labor Relations Board (NLRB) implemented its “ambush” or “quickie” election rules on April 14, 2015. An analysis of available NLRB data on representation election (RC) petitions filed since the effective date of the…more
| Labor & Employment Law

New York Bill Follows California’s Lead to Recognize Professional Cheerleaders as Employees

It’s official—professional cheerleaders are now recognized as employees under California law. On July 15, 2015, California Governor Jerry Brown signed a bill that requires all California-based professional sports teams to pay…more
| Art, Entertainment, & Sports Law, Franchise Law, Labor & Employment Law

Here We Go Again—The Robert C. Byrd Mine Safety Protection Act

For the fourth time since the Upper Big Branch coal mine explosion in April 2010, a Congressional bill proposes to further amend the Federal Mine Safety and Health Act of 1977. The Robert C. Byrd Mine Safety Protection Act was…more
| Elections & Politics, Environmental Law, Labor & Employment Law
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