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Archive by tag: OgletreeReturn

OSHRC Soon to Have Quorum for Decision-Making

On October 9, 2019, President Donald Trump announced his intention to appoint Amanda Wood Laihow to serve as the Occupational Safety and Health Review Commission’s (OSHRC) second commissioner. That addition will give the commission its first quorum...By: Ogletree, Deakins, Nash, Smoak & Stewart,
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OFCCP Posts Long-Awaited Technical Assistance Guide (TAG) for Education

On October 11, 2019, the Office of Federal Contract Compliance Programs (OFCCP) published to its website the long-awaited Educational Institutions Technical Assistance Guide (TAG). According to OFCCP, the 80-page TAG, “provides a general overview of...By: Ogletree, Deakins, Nash, Smoak & Stewart,
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SCOTUS Hears Arguments on Scope Discrimination Because of Sex Under Title VII

On October 8, 2019, the Supreme Court of the United States heard oral argument on one core question: does the prohibition on discrimination “because of...sex” in Title VII of the Civil Rights Act of 1964 include discrimination on the basis of sexual...By: Ogletree, Deakins, Nash, Smoak & Stewart,
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Final IRS Regulations for Hardship Distributions Incorporate a Decade of Legislative Changes

On September 23, 2019, the U.S. Department of the Treasury and the Internal Revenue Service (IRS) published final regulations that modify the hardship distribution rules for profit sharing, 401(k), 403(b), and eligible governmental 457(b) plans. The...By: Ogletree, Deakins, Nash, Smoak & Stewart,
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The Latest on California’s Approach to Biometrics in the Workplace

Although California does not have a specific biometric privacy law like Illinois’s 2008 Biometric Information Privacy Act (BIPA) or its recently enacted 2019 Artificial Intelligence Video Interview Act (AIVIA), stay tuned for the impact of the...By: Ogletree, Deakins, Nash, Smoak & Stewart,
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SCOTUS Case Watch 2019-2020: Welcome to the New Term

The Supreme Court of the United States kicked off its 2019-2020 term on October 7, 2019, with several noteworthy cases on its docket. This term, some of the issues before the Court will likely have great historical significance for the LGBTQ...By: Ogletree, Deakins, Nash, Smoak & Stewart,
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California Promotes AI in Employment Hiring

Legislatures across the country are racing to keep up with the ever-expanding uses of artificial intelligence (AI) in the workplace. While to date much of the focus has been on ethical uses of AI, disclosures requirements, and informed consent (e.g.,...By: Ogletree, Deakins, Nash, Smoak & Stewart,
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DOL Wades Deeper Into the Tip Pool: Announces New Proposed Rules

On April 6, 2018, the U.S. Department of Labor (DOL) issued Field Assistance Bulletin No. 2018-3 in an effort to clarify the tip pooling amendments in the Fair Labor Standards Act (FLSA). The DOL bulletin provides that employers that pay the full...By: Ogletree, Deakins, Nash, Smoak & Stewart,
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Beltway Buzz - October 2019

Soft Deadline for Wage/Hour Data Submission? September 30, 2019, was the deadline for employers to submit EEO-1 Component 2 wage and hour data for 2017 and 2018. Or was it?...By: Ogletree, Deakins, Nash, Smoak & Stewart,
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Want to Get Sued for Millions? There’s an App for That! - The Legal Risks of Digital Workplace Apps

Over the past year, the popularity of digital workplace apps (that is, mobile applications used by companies to facilitate interactions with, and between, employees) has grown exponentially. These apps promise to streamline the entire world of...By: Ogletree, Deakins, Nash, Smoak & Stewart,
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