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Archive by tag: Smoak & StewartReturn

Beltway Buzz - January 2020

2020 Preview. -= Federal lawmakers returned to Washington, D.C., this week to kick off the second session of the 116th Congress. With national political elections 10 months away, the policy debates will be amplified, and the stakes will become...By: Ogletree, Deakins, Nash, Smoak & Stewart,
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Arbitration Decisions Matter: The NLRB Reverts to Prior Standards on Deferral to Arbitration and Pre-Arbitration Settlements

Arbitration is a strongly favored federal policy and generally can be relied on to resolve even statutory discrimination claims. This is not a novel concept in federal jurisprudence from the Supreme Court of the United States down (although...By: Ogletree, Deakins, Nash, Smoak & Stewart,
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OSHA Doubles Down on National Emphasis Program on Amputations in Manufacturing Industries

The Occupational Safety and Health Administration (OSHA) recently released an updated National Emphasis Program (NEP) to focus enforcement efforts on amputation hazards in manufacturing industries. It replaces the previous NEP, released in August...By: Ogletree, Deakins, Nash, Smoak & Stewart,
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New York State to End Subminimum Wage for Miscellaneous Industries

On December 31, 2019, Governor Andrew M. Cuomo announced that he had directed the New York State Department of Labor (NYSDOL) to eliminate the subminimum wage for tipped workers of all employers covered by the Minimum Wage Order for Miscellaneous...By: Ogletree, Deakins, Nash, Smoak & Stewart,
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Eleventh Circuit Denies Plaintiffs’ Right to Challenge Alabama Law as Discriminatory

On December 13, 2019, a split Eleventh Circuit Court of Appeals (sitting en banc) ruled that several black plaintiffs lacked standing to challenge the discriminatory intent behind an Alabama law that blocked the city of Birmingham from increasing its...By: Ogletree, Deakins, Nash, Smoak & Stewart,
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New California Law Requires Additional Flexible Spending Account Notices

Under a California law that took effect on January 1, 2020, employers will have to provide extra notices to California employees enrolled in flexible spending accounts (FSAs) explaining the “use it or lose it” federal tax rules that apply to those...By: Ogletree, Deakins, Nash, Smoak & Stewart,
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Compass: Insights And Direction For Employers – Winter 2020

With the start of a new year, in-house counsel and human resources professionals will want to be aware of what’s on the horizon for 2020 and beyond. It’s a good time for employers to take a breath and consider what issues they should be watching in...By: Ogletree, Deakins, Nash, Smoak & Stewart,
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AB 51 Enjoined at the Last Minute: Court Issues TRO on California’s Arbitration Statute

As discussed in our prior article, California recently enacted Assembly Bill (AB) 51, a law that attempts to ban certain mandatory employment arbitration agreements in the state. Specifically, this new law purports to bar employers from requiring...By: Ogletree, Deakins, Nash, Smoak & Stewart,
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Complying With the New Minneapolis Wage Theft Ordinance and Its Notice Requirements

Continuing its independent program of workplace regulations, Minneapolis has enacted its own wage theft ordinance and accompanying notice requirements that largely duplicate Minnesota’s wage theft statute. Employers that have already complied with...By: Ogletree, Deakins, Nash, Smoak & Stewart,
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Back to the Future - Fact-Finding Conferences Back En Vogue With EEOC

What’s old is new again at the Equal Employment Opportunity Commission (EEOC) as numerous district offices have recently expanded their use of fact-finding conferences. Fact-finding conferences are part of the EEOC’s expansive statutory investigation...By: Ogletree, Deakins, Nash, Smoak & Stewart,
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