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Archive by tag: OgletreeReturn

Indiana Supreme Court Reaffirms That the Blue Pencil Doctrine Is an ‘Eraser’ for Overbroad Restrictive Covenant Language

On December 3, 2019, in Heraeus Medical, LLC v. Zimmer, Inc., the Indiana Supreme Court reaffirmed the “blue pencil doctrine,” likening the doctrine to an eraser and stating that Indiana courts may only delete language from overbroad restrictive...By: Ogletree, Deakins, Nash, Smoak & Stewart,
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New Jersey Resumes Efforts to Amend ABC Test for Independent Contractor Status, Passes Slate of Laws Targeting Misclassification

The State of New Jersey kicked off this year the same way it closed out the last - with an assault on New Jersey businesses. After a year of unprecedented change - one which saw the passage of significant amendments to New Jersey’s minimum wage law;...By: Ogletree, Deakins, Nash, Smoak & Stewart,
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Proposed Washington State Law Would Create 32-Hour Workweek

New legislation recently introduced in the Washington State Legislature seeks to implement a 32-hour workweek for nonexempt Washington-based workers. If the proposal were to become law, employers would be required to pay overtime compensation to...By: Ogletree, Deakins, Nash, Smoak & Stewart,
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Imperfect or Unlawful Meal and Rest Break Policies Don’t Necessarily Support Class Certification in California

In a favorable opinion for employers, the California Court of Appeal for the Second District concluded the following on December 4, 2019, in David Cacho v. Eurostar, Inc......By: Ogletree, Deakins, Nash, Smoak & Stewart,
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NLRB Overturns Obama-era Initiatives: A Round-Up of the December Decisions

December 2019 brought significant changes to the National Labor Relations Board (NLRB) case law and election procedures. The following highlights a few of those changes as we get into the new year and policy reviews get underway....By: Ogletree, Deakins, Nash, Smoak & Stewart,
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Sixth Circuit Considers Whether Comparator Info is Discoverable in a Failure to Promote Case

In Jones v. Johnson, No. 18-2252 (January 9, 2020), the Sixth Circuit Court of Appeals considered the discoverability of comparator information in a case involving an allegation that an employer failed to promote an employee. The court reversed a...By: Ogletree, Deakins, Nash, Smoak & Stewart,
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Maine Legislature Takes Aim at Nondisclosure Agreements

After passing more than 500 bills in 2019, including those mandating paid leave and placing limits on noncompete agreements, the Maine Legislature reconvened on January 8, 2020, and directed its attention to nondisclosure agreements. During the...By: Ogletree, Deakins, Nash, Smoak & Stewart,
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Beltway Buzz - January 2020 #2

USMCA? A-OK, Says Senate. The United States–Mexico–Canada Agreement (USMCA) has been in the Limelight in recent weeks, and, on January 16, 2020, the U.S. Senate approved it. President Donald Trump is expected to sign the deal sometime next week....By: Ogletree, Deakins, Nash, Smoak & Stewart,
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Mexico Promulgates the Organic Law of the Federal Center for Conciliation and Labor Registration

On January 6, 2020, the Official Gazette of the Federation (Diario Oficial de la Federación) published the Organic Law of the Federal Center for Conciliation and Labor Registration, which became effective on January 7, 2020, the day after its...By: Ogletree, Deakins, Nash, Smoak & Stewart,
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New and Updated California Workplace Safety Regulations Expected in 2020

The California Occupational Safety and Health Standards Board continues to have a multitude of draft regulations on its plate for this coming year. Employers and trade groups will have the opportunity to influence California’s new workplace safety...By: Ogletree, Deakins, Nash, Smoak & Stewart,
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