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Archive by tag: OgletreeReturn

Texas Legislative Roundup: New Laws Impacting Employers

The Texas Legislature’s 86th session adjourned on May 27, 2019, and there is little likelihood that the governor will call a special session. The legislature primarily focused on educational reforms this year. Regarding employment matters, most...By: Ogletree, Deakins, Nash, Smoak & Stewart,
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Bill to Exclude California Employees from CCPA Passes Senate Committee With Changes

On July 9, 2019, the California Senate Judiciary Committee passed Assembly Bill 25 (AB 25), but only after certain changes were made to quell opposition to the bill by labor groups. The bill  was originally drafted to exclude employees and job...By: Ogletree, Deakins, Nash, Smoak & Stewart,
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Congress Considers Removing Country Caps for Employment-Based Immigrant Visas and Proposes Changes to H-1B Visa Program

On July 10, 2019, the U.S. House of Representatives passed H.R. 1044, the Fairness for High-Skilled Immigrants Act of 2019, by a vote of 365 to 65. The bill is intended to reduce lengthy immigrant visa (green card) wait times by eliminating...By: Ogletree, Deakins, Nash, Smoak & Stewart,
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EEOC Has Released EEO-1 Component 2 Upload File Specifications

The U.S. Equal Employment Opportunity Commission (EEOC) has released its Upload File Specifications for the 2017 and 2018 EEO-1 Component 2 reports. Given the number of data items required in the Component 2 reporting, the EEOC has designed a...By: Ogletree, Deakins, Nash, Smoak & Stewart,
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New York Enacts Tougher Laws on Pay Equity and Salary History Inquiries

As we previously reported, the New York State Senate and Assembly recently passed Senate Bill 5248A and Senate Bill 6549. Governor Andrew Cuomo signed both bills, and both became law on July 10, 2019. Senate Bill 5248A, which amends Section 194 of...By: Ogletree, Deakins, Nash, Smoak & Stewart,
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State-Law Ramifications of the Supreme Court’s Decision in Fort Bend County, Texas v. Davis: Massachusetts and Rhode Island as Case Studies

In Fort Bend County, Texas v. Davis, the Supreme Court of the United States held that the requirement in Title VII of the Civil Rights Act that an employee file a charge of discrimination with the Equal Employment Opportunity Commission before...By: Ogletree, Deakins, Nash, Smoak & Stewart,
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Separating the Good From the Bad: UK Supreme Court Clarifies “Blue Pencil” Test in Restraint of Trade Cases

On July 3, 2019, in a long-awaited judgment the Supreme Court of the United Kingdom clarified the correct approach to deciding whether words can be severed from a post-employment covenant to leave an employee bound by the remainder of the covenant....By: Ogletree, Deakins, Nash, Smoak & Stewart,
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New York Poised to Enact Tougher Laws on Pay Equity and Salary History Inquiries

Continuing the trend of substantial and expansive legislative changes in employment law, the New York State Senate and Assembly have passed Senate Bill 5248A and Senate Bill 6549. The first bill, S5248A, will prohibit wage differentials based on any...By: Ogletree, Deakins, Nash, Smoak & Stewart,
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Taking Vacation While on Medical Leave: Massachusetts Court Rules on Liquidated Damages Under the FMLA

On June 5, 2019, the Massachusetts Supreme Judicial Court (SJC) issued a decision emphasizing that an employer’s well-designed and thorough internal investigations made prior to a termination decision can provide a strong defense to claims, but less...By: Ogletree, Deakins, Nash, Smoak & Stewart,
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Supreme Court Rules on FOIA and the Protection of Sensitive Company Information

A recent Supreme Court case determined that private commercial and financial information that is transmitted to the federal government under an assurance of privacy is considered “confidential” and not subject to disclosure under the Freedom of...By: Ogletree, Deakins, Nash, Smoak & Stewart,
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