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Archive by tag: OgletreeReturn

ADA Litigation Lessons Surfaced From a Zamboni Machine

Employers, you see this movie all too often. You tolerate, and then ultimately discharge, a poor-performing employee who displays a bad attitude. Unfortunately, supervisors have not documented the employee’s prior instances of insubordinate and...By: Ogletree, Deakins, Nash, Smoak & Stewart,
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California Implements Wildfire Smoke Regulations

On July 30, 2019, the California Division of Occupational Safety and Health (Cal/OSHA) announced that its “emergency regulation requiring employers to protect workers from hazards associated with wildfire smoke is now in effect, following its...By: Ogletree, Deakins, Nash, Smoak & Stewart,
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Lawsuit Challenges Dallas Paid Sick Leave Ordinance

On July 30, 2019, a lawsuit was filed in the U.S. District Court for the Eastern District of Texas seeking to enjoin the City of Dallas’s paid sick leave ordinance, which is set to take effect on August 1, 2019. The lawsuit, filed by the Texas Public...By: Ogletree, Deakins, Nash, Smoak & Stewart,
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California’s Paid Family Leave Program to Expand from 6 to 8 Weeks

California is expanding state benefits available to workers who lose wages while taking time off to care for a seriously ill family member or to bond with a new child. On June 27, 2019, Governor Gavin Newsom signed California’s 2019-20 state budget,...By: Ogletree, Deakins, Nash, Smoak & Stewart,
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Chicago City Council Passes Sweeping Scheduling Ordinance

On July 24, 2019, the Chicago City Council passed the most sweeping predictive scheduling ordinance in the country to date. Effective July 1, 2020 (January 1, 2021, for “safety-net” hospitals), the Chicago Fair Workweek Ordinance will require 10...By: Ogletree, Deakins, Nash, Smoak & Stewart,
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Traps for the Unwary: Code Section 410(b) Coverage Testing Concerns in Transactions

With a recent uptick in mergers and transactions, we thought it would be worthwhile to provide a refresher on some coverage testing issues related to retirement plans. Although a seemingly mundane topic, coverage testing should be kept in mind in...By: Ogletree, Deakins, Nash, Smoak & Stewart,
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San Antonio Paid Sick Leave Ordinance Delayed

On July 24, 2019, a Bexar County district court judge entered an order delaying the implementation of the San Antonio paid sick leave (PSL) ordinance from its current August 1, 2019 date to December 1, 2019. The order represented a compromise between...By: Ogletree, Deakins, Nash, Smoak & Stewart,
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Beltway Buzz - July 2019 #3

DOL Personnel Moves. While we all wait to see how and when the confirmation process for secretary of labor nominee Eugene Scalia may play out, the front office shake-up at the U.S. Department of Labor (DOL) continued this week. Joining Acting...By: Ogletree, Deakins, Nash, Smoak & Stewart,
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OFCCP’s New Opinion Letter and FAQs Provide New Guidance to Contractors

In keeping with its commitment to promoting transparency, this week the Office of Federal Contract Compliance Programs (OFCCP) released an official opinion letter concerning pay analysis groupings (PAGs) and three sets of frequently asked questions...By: Ogletree, Deakins, Nash, Smoak & Stewart,
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California Court Delivers Trucking Company a Meal/Rest Break Win and Limits the Application of the ABC Test

The U.S. District Court for the Eastern District of California recently ruled in an employment class action regarding misclassification of trucking industry owner-operators as independent contractors. The ruling is a win for numerous industries....By: Ogletree, Deakins, Nash, Smoak & Stewart,
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