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

Court Endorses PTO Use for Exempt Employee Partial-Day Absences

Employers often confuse the strict rules limiting the docking of exempt employees’ salary with different rules relating to partial-day deductions under vacation or “paid time off” (PTO) policies. A California appellate court has…more
| Labor & Employment Law

Global Visa Delays Follow Technical Difficulties with State Department System

Last week, the U.S. Department of State’s visa processing database, which controls the issuance of visas and passports at the U.S. consulates abroad, experienced system performance issues (including outages) leading to worldwide…more
| Immigration Law

Motor Carriers Face Uphill Battle After California Supreme Court Decision

Harris v. Pac Anchor Transportation, Inc., No. S194388 (July 28, 2014): In a unanimous decision, the California Supreme Court has held that the Federal Aviation Administration Authorization Act of 1994 (FAAAA) does not preempt…more
| Civil Procedure, Conflict of Laws, Labor & Employment Law, Transportation

Here We Go Again—Significant Threat of Automatic Debarment from Government Contracts Slipping in Under the Wire!

Two weeks ago, the U.S. House of Representatives passed, by voice vote, a little-understood and little-noticed amendment to the Fiscal Year 2015 Energy and Water Development and Related Agencies Appropriations Act (H.R. 4923)…more
| Labor & Employment Law, Government Contracting

Another Increase in the Rhode Island Minimum Wage to $9/Hour

On July 3, 2014, Rhode Island Governor Lincoln Chafee signed into law a measure that will raise the state’s minimum wage to $9.00 per hour, effective January 1, 2015. The legislation, which will increase the state’s minimum wage…more
| Labor & Employment Law

Data Privacy Law in the UK, Part III: Employment Background Checks and Monitoring

In parts one and two of this series summarizing data protection law in the United Kingdom, we looked at the data protection principles to which employers must adhere in relation to obtaining, holding, or disposing of personal…more
| Labor & Employment Law, Privacy, Science, Computers, & Technology

Illinois’s New “Ban the Box” Law Prohibits Asking About Criminal Histories on Job Applications

On July 19, 2014, Illinois Governor Pat Quinn signed the Job Opportunities for Qualified Applicants Act, making Illinois the fifth state to bar private employers from asking job applicants about their criminal backgrounds until…more
| Civil Rights, Labor & Employment Law

New Jersey Employment Posters Updated, Yet Again

The New Jersey Division on Civil Rights (NJDCR) just modified its Discrimination in Employment poster, which all New Jersey employers are required to display. The new poster adds “pregnancy” to the list of protected categories,…more
| Civil Rights, Labor & Employment Law

New Jersey Ban the Box Bill Revised Again, Advances to Governor Christie

On June 26, 2014, the New Jersey legislature approved the most recent iteration (A1999) of the “Opportunity to Compete Act” (also referred to as the “Ban the Box” bill), which will now be sent to Governor Chris Christie for…more
| Civil Rights, Labor & Employment Law

New Jersey Senate Bill Would Prohibit Automatic Disqualification of Applicants Based on Criminal Record

On May 19, 2014, the Senate introduced two (essentially identical) bills (S2101 and S2102) that would prohibit public and private employers from automatically rejecting current or prospective employees based on their criminal…more
| Civil Rights, Elections & Politics, Labor & Employment Law

Alabama’s New Law Permits the Expungement of Criminal Records

In April of 2014, the Alabama legislature approved a measure that permits the expungement of the criminal records of persons charged—but not convicted—of misdemeanors or nonviolent felonies. Governor Robert Bentley signed the…more
| Criminal Law, Labor & Employment Law

New Jersey Bill Seeks to Expand Overtime and Minimum Wage Exemption to Private Summer Camp Employees

Currently, New Jersey overtime and minimum wage laws do not apply to summer camps (and other summer conferences and retreats) operated by non-profit or religious corporations or associations. On June 5, 2014, the Assembly…more
| Education, Labor & Employment Law, Nonprofit Law

Reminder: Newark Sick Leave Ordinance Now In Effect

Newark’s Sick Leave Ordinance went into effect on June 21, 2014. For a detailed discussion of the ordinance, including how to comply with its notice and posting requirements..…more
| Labor & Employment Law

Bill Prohibiting Discrimination Against Unemployed Applicants Reaches New Jersey Governor’s Desk

On June 30, 2014, the New Jersey Legislature passed a bill (S1440) that would add unemployed applicants to the growing list of protected classes under New Jersey law. First referenced in the March 2014 issue of the New Jersey…more
| Civil Rights, Labor & Employment Law

Nurse Fired for Refusing Flu Vaccine for Secular Reasons Entitled to Unemployment, New Jersey Appellate Division Holds

In Valent v. Board of Review, A-4980-11T2 (App. Div., June 5, 2014), the New Jersey Appellate Division ruled that a hospital employee who refused a flu shot for purely secular reasons was still eligible for unemployment…more
| Constitutional Law, Labor & Employment Law, Health
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Areas of Practice
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