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

The Increased Cost of Tax (Non) Compliance and the New Trade Preferences Extension Act

On June 29, 2015, President Obama signed into law the Trade Preferences Extension Act of 2015. Neatly tucked away in the “Offsets” provision of the Act are sizeable increases in the dollar amounts of the penalties under Internal…more
| Labor & Employment Law, Taxation

Your Rx for Complying with California’s Newly Effective Paid Sick Leave Law

The Healthy Workplaces, Healthy Families Act of 2014, which Governor Jerry Brown signed on September 10, 2014, goes into effect today, July 1, 2015. The Act requires California employers to provide employees with one hour of…more
| Labor & Employment Law

The People Have Spoken, and It’s Time to Start Smokin’. . . Or Just Say No

It’s July 1, 2015, and Oregon law now allows adults to lawfully use marijuana for both medical and recreational purposes. Many employers have already faced questions from employees about the impact of the state’s new marijuana…more
| Labor & Employment Law

In Fresenius, the NLRB Admits It Was Wrong . . . Sort Of!

On June 24, 2015, the National Labor Relations Board (NLRB) issued a new decision involving allegations that an employer had unlawfully discharged an employee who had scrawled sexually-oriented obscenities and threatening…more
| Administrative Law, Civil Procedure, Labor & Employment Law

The New Overtime Regulations: Are Your White Collar Employees Still Exempt?

On June 30, 2015, the U.S. Department of Labor (DOL) announced its long-awaited proposed rule that would revise the regulations concerning the white collar exemption contained in section 13(a)(1) of the Fair Labor Standards Act…more
| Labor & Employment Law

The Same-Sex Marriage Ruling: Key Employee Benefits Take-Aways

Last Friday, the Supreme Court of the United States issued its highly-anticipated decision in the case of Obergefell v. Hodges, ruling that all 50 states must license marriages between two people of the same sex and must…more
| Constitutional Law, Labor & Employment Law

Indiana Wage Law Amendments Become Effective on July 1, 2015

Two significant changes to Indiana’s wage laws will become effective on Wednesday, July 1, 2015. First, liquidated damages will no longer be mandatory when an employer violates Indiana’s Wage Payment or Wage Claims statutes…more
| Labor & Employment Law

NLRB Moves to Assert Jurisdiction Over Religious Educational Institutions

Before December of 2014, religious colleges and universities could generally assume that under the National Labor Relations Board’s (NLRB) “substantial religious character” test, the NLRB would decline to assert jurisdiction…more
| Civil Rights, Education

School’s Out For Summer, But Not For Administrators: California’s “Yes Means Yes” Legislation Becomes Effective on July 1, 2015

On July 1, 2015, California colleges, universities, and postsecondary schools are required to bolster their compliance with new state laws regarding policies concerning sexual assault, domestic violence, dating violence, and…more
| Education

The Same-Sex Marriage Ruling: Key Employment Law Take-Aways

On June 26, 2015, the Supreme Court of the United States answered the two questions it posed in the consolidated same-sex case, Obergefell v. Hodges, No. 14-556 (June 26, 2015). The consolidated case arose from challenges to…more
| Civil Rights, Constitutional Law, Labor & Employment Law, Family Law, Immigration Law

The Obama Administration’s Proposed “Labor Violation” Reporting Duties Present Challenges for Federal Contractors

President Obama’s July 2014 Fair Pay and Safe Workplaces Executive Order 13673 mandates that federal contracting agencies collect information concerning a potential prime contractor’s 3-year violation history with respect to 14 …more
| Civil Rights, Labor & Employment Law, Government Contracting

Contractor Blacklisting: Sweeping “Labor Violation” Reporting Duties in the Proposed “Fair Pay and Safe Workplaces” Guidance and Procurement Rules

President Obama’s July 2014 Fair Pay and Safe Workplaces Executive Order 13673 mandates that federal contracting agencies collect information concerning a potential prime contractor’s 3-year violation history with respect to 12…more
| Government Contracting

Supreme Court Once Again Saves the ACA: Rules Yes on Tax Credits For Purchasers From a Federal Exchange

On June 25, 2015, the Supreme Court of the United States ruled that tax credits are available to individuals in states that have a federal Exchange under Section 1321 of the Affordable Care Act (the Act or the ACA). In a 6-to-3…more
| Insurance, Taxation

Rhode Island Raises Minimum Wage Again: Now $9.60 per Hour

On June 22, 2015, Rhode Island Governor Gina Raimondo signed into law another increase to the state’s minimum wage. This marks the fourth straight year that Rhode Island has raised its minimum wage. Effective January 1, 2016,…more
| Labor & Employment Law

Massachusetts Attorney General Issues Final Earned Sick Leave Regulations With Substantial Revisions

As many of you are aware, the July 1, 2015 effective date of the Massachusetts earned sick leave law is looming. In summary, the new law provides that employers of 11 or more employees must provide their Massachusetts employees…more
| Labor & Employment Law
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