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

How Retailers Are Responding to the New “Ambush Election” Rules With Employee Engagement Strategies

On April 14, 2015, the National Labor Relations Board’s “ambush election” rules went into effect, making it easier for unions to organize in the retail setting and beyond. The next day, demonstrations against retailers and…more
| Labor & Employment Law

New Fiduciary Regulations Require Retirement Investment Advisers to Act in Clients’ Best Interests

On April 14, 2015, the U.S. Department of Labor (DOL) issued new proposed regulations that changed the definition of “fiduciary investment advice” as currently found in DOL Regulation 2510.3-21(c). These proposed rules also…more
| Labor & Employment Law, Finance & Banking, Consumer Protection

The Employment Law Authority - March/April 2015 #2

In This Issue: - Supreme Court Revives Pregnant UPS Worker's Suit - Spouses of H-1B Visa Holders Applying for Residency Eligible for Work Permits - Turning Metrics Into Money: An Interview With Solange Charas,…more
| Civil Rights, Commercial Law & Contracts, Immigration Law, Labor & Employment Law, Securities Law

IRS Traded in Your Chevy for a “Cadillac (ac-ac-ac-ac-ac) Tax”: Agency Issues First Guidance on the Implementation Code Section 4980I

On February 23, 2015, the Internal Revenue Service (IRS) issued the first piece of guidance that discusses the excise tax, better known as the “Cadillac Tax,” imposed by Section 4980I of the Internal Revenue Code of 1986, as…more
| Labor & Employment Law, Health, Taxation

New Law Restricts Employer Access to Employee Social Media Accounts, Including Through “Friend Requests”

On March 23, 2015, Virginia Governor Terry McAuliffe signed a new law, H.B. 2081, that restricts the ability of employers in Virginia to access the social media accounts of current and prospective employees—making Virginia the…more
| Communications & Media Law, Labor & Employment Law, Privacy

Getting with the (Wellness) Program: EEOC Proposes New ADA Regulations for Wellness Programs

For some time, employers have faced uncertainty about the status of their wellness programs under the Americans with Disabilities Act (ADA). While the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the…more
| Civil Rights, Labor & Employment Law, Privacy, Health

Employers Between a Rock and a Hard Place: Another Puzzling “Status Quo” Case Decided On Other Grounds

The National Labor Relations Board (Board) recently decided a case previously remanded back to it by the District of Columbia Circuit Court of Appeals. The Board’s decision in Arc Bridges, Inc., 362 NLRB No. 56, March 31, 2015,…more
| Civil Procedure, Labor & Employment Law

City of St. Petersburg, Florida Passes Wage Theft Ordinance

Under the new City of St. Petersburg “wage theft” ordinance, an employer commits wage theft when the employer fails to pay wages, or a portion of wages, due to an employee within a “reasonable time” (typically 14 business days)…more
| Labor & Employment Law

EEOC has defined “ability to interact with others” as a major life activity, making social anxiety disorder a disability under the ADA

An employee who was fired after asking to be reassigned to a role with less direct personal interaction as an accommodation for her social anxiety disorder has been allowed by the Fourth Circuit Court of Appeals to take her case…more
| Civil Procedure, Civil Rights, Labor & Employment Law

OSHA Announces Request for Information on Communication Tower Safety

On April 15, the Occupational Safety and Health Administration (OSHA) published in the Federal Register a Request for Information (RFI) on Communication Tower Safety. The agency requests that the communication tower industry…more
| Administrative Law, Communications & Media Law, Labor & Employment Law, Science, Computers, & Technology

Oil Field Employers Post-McMaster: Still Searching for Clarity on the TCA’s Impact on the Motor Carrier Act Exemption

In McMaster v. Eastern Armored Services, Inc., No. 14-1010 (March 11, 2015), the Third Circuit Court of Appeals issued one of the first federal appellate court opinions discussing the SAFETEA-LU Technical Corrections Act of…more
| Labor & Employment Law, Energy & Utilities, Transportation

Decisions Raise Bar on Waiver of Arbitration Agreements Under Texas Law

While employers may enter into arbitration agreements with employees relatively easily, ensuring the enforcement of arbitration agreements can be a different matter. For this reason, employers are rightfully cautious to avoid…more
| Alternative Dispute Resolution (ADR), Civil Procedure, Commercial Law & Contracts, Labor & Employment Law, Mergers & Acquisitions

FY 2016 H-1B Cap Lottery Selection Completed, Premium Processing Timeline Begins April 27, 2015

On April 14, 2015, the U.S. Citizenship and Immigration Services (USCIS) announced that on April 27, 2015, it will begin reviewing cases filed with a request for premium processing. USCIS previously confirmed completion of the…more
| Labor & Employment Law, Immigration Law

AAO Decision Clarifies Requirement to File Amended H-1B Petitions for Worksite Changes

On April 9, 2015, U.S. Citizenship and Immigration Services (USCIS) issued a precedential decision concerning an employer’s obligation to file an amended H-1B petition in certain scenarios involving a change in worksite. The…more
| Administrative Law, Civil Procedure, Labor & Employment Law, Immigration Law

Employers Can Decide That Physical Presence at the Workplace is an Essential Function

On April 10, 2015, the Sixth Circuit Court of Appeals issued its long-awaited en banc decision in Equal Employment Opportunity Commission v. Ford Motor Company following a vacated panel decision from April 2014 in which a…more
| Civil Procedure, Civil Rights, Labor & Employment Law
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