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

At Will? What’s That?

Did you know that employees in most countries outside the United States have a contractual right to continued employment, whether or not they have written contract? If an employer does not provide an employee with a written…more
| Commercial Law & Contracts, Labor & Employment Law

The NLRB Goes Back to Church (Schools), Gets Entangled

In our June 2015 blog post, “NLRB Moves to Assert Jurisdiction Over Religious Educational Institutions,” we reported that Regional Directors of the National Labor Relations Board (NLRB) were beginning to exercise jurisdiction…more
| Civil Rights, Constitutional Law, Education, Labor & Employment Law

Louisiana Legislature Ensures Franchisees Are the Sole Employers of Their Workers

The Louisiana legislature recently passed Act 404 of the 2015 legislative session, clarifying that in most circumstances franchisees are the sole employers of their employees. The bill was signed by Governor Bobby Jindal on July…more
| Franchise Law, Labor & Employment Law

Federal Court Upholds Louisiana Ban on Project Labor Agreements

A federal court in the Eastern District of Louisiana recently ruled that Louisiana’s ban on project labor agreements on public works projects was neither unconstitutional nor preempted by the National Labor Relations Act (NLRA)…more
| Commercial Law & Contracts, Construction Law, Government Contracting, Labor & Employment Law

Louisiana Federal Court Cautions Against Seeking Enforcement of Invalid Noncompete Agreements

In what should serve as a cautionary tale to employers with noncompete agreements, a federal court in the Eastern District of Louisiana allowed an unfair trade practices claim to survive against an employer that attempted to…more
| Labor & Employment Law

Louisiana Governor Approves Bill Allowing Hair Samples to Be Used for Drug Testing

Governor Bobby Jindal recently approved Act 74, which clarifies that hair tests are an acceptable method for employers to drug test potential hires. Hair testing detects drug use by an individual up to 90 days prior to the day…more
| Labor & Employment Law

Red Flags for Homebuilders Related to DOL's Latest Guidance on Independent Contractors

On July 15, 2015, the U.S. Department of Labor (DOL) issued an “Administrator’s Interpretation” (AI 2015-1) providing guidance on whether workers are employees or independent contractors under the Fair Labor Standards Act…more
| Construction Law, Labor & Employment Law, Real Estate - Residential

California Minimum Wage Bill Stalls in Legislature

A controversial bill to increase California’s minimum wage has failed to pass in the state legislature. The bill would have phased in a $3.00 per hour increase to the minimum wage rate and also would have imposed annual cost of…more
| Labor & Employment Law

Louisiana Supreme Court Reaffirms At-Will Employment Doctrine

In Read v. Willwoods Community, 2014-C-1475 (La. 2015), the Supreme Court of Louisiana overturned a jury verdict awarding damages to a plaintiff who claimed that his employer breached a verbal contract to employ him for a term…more
| Commercial Law & Contracts, Labor & Employment Law

Your Compliance Toolbox: 7 Tips for a Successful Interactive Process

Dealing with issues related to accommodation requests at work can be a daunting task—even for the most seasoned HR or legal professional. The path to a successful interactive process and a meaningful analysis of an accommodation…more
| Labor & Employment Law

NLRB Finds Joint Employer Status Can Exist Merely Based on Indirect or Potential Control

Overturning decades of precedent, the National Labor Relations Board (NLRB), on August 27, 2015, issued its long-awaited decision in Browning-Ferris Industries of California, Inc. d/b/a BFI Newby Island Recyclery, 362 NLRB No…more
| Commercial Law & Contracts, Labor & Employment Law

Indiana Employment Law Update: 5 Changes to Laws You Should Know

A number of significant changes to Indiana employment law took effect on July 1, 2015. These changes affected employer’s obligations in areas such as hiring, wages, discrimination, and termination. If employers have not already…more
| Construction Law, Government Contracting, Labor & Employment Law

Changes to Obligations for Filing H-1B Amendment Petitions Under Matter of Simeio Solutions, LLC

As of August 19, 2015, full enforcement of a recent Administrative Appeals Office (AAO) decision in Matter of Simeio Solutions, LLC, 26 I&N Dec. 542 (AAO 2015) will commence. On April 9, 2015, the AAO—the appellate body for…more
| Immigration Law, Labor & Employment Law

New “Living Wage Ordinance” for New Orleans City Contractors Goes Into Effect on January 1, 2016

On August 17, 2015, New Orleans Mayor Mitch Landrieu signed a new ordinance that will require all city contractors to pay a minimum wage of $10.55 per hour to employees. The New Orleans City Council unanimously passed by the…more
| Government Contracting, Labor & Employment Law

Federal Appeals Court Reinstates New Federal Minimum Wage and Overtime Requirements for Home Health Care Workers Employed By Third-Party Employers

The United States Court of Appeals for the D.C. Circuit in Home Care Association of America v. Weil reinstated the U.S. Department of Labor’s regulations extending the federal minimum wage and overtime requirements for home…more
| Health, Labor & Employment Law
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Contact

One Ninety One Peachtree Tower 191 Peachtree Street, N.E., Suite 4800
Atlanta, GA 30303, United States

  • 404-881-1300
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Areas of Practice
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400+ Attorneys

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