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Archive by tag: Smoak & StewartReturn

NLRB Upholds Legality of Facially-Neutral Rules Requiring Confidentiality During Investigations

Continuing its string of decisions reversing positions taken by the Obama Board, the National Labor Relations Board decided Apogee Retail LLC, No. 27-CA-191574 on December 16, 2019. Apogee Retail applied the approach articulated two years ago in...By: Ogletree, Deakins, Nash, Smoak & Stewart,
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Beltway Buzz - December 2019 #3

This week, Congress wrapped a bow on 2019 with some significant legislative accomplishments. For example, on December 19, 2019, the House of Representatives approved the United States–Mexico–Canada Agreement. Next stop is, of course, the Senate. But...By: Ogletree, Deakins, Nash, Smoak & Stewart,
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Revised Federal Rules Exclude Modern Perks and Benefits From the Regular Rate of Pay for Overtime Purposes

In a development sure to be welcomed by employers, the U.S. Department of Labor (DOL) issued revised regulations allowing employers to more easily offer perks and benefits to their employees without affecting the employees’ overtime rates. The...By: Ogletree, Deakins, Nash, Smoak & Stewart,
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Arizona’s 2020 Vision: Employers Will Want to Keep an Eye on These Changes

As Arizona employers prepare for 2020, key minimum wages and exempt salary levels under city, state, and federal law will go into effect. Additionally, employers will want to remain aware of potential legislation and/or voter propositions on...By: Ogletree, Deakins, Nash, Smoak & Stewart,
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Mexico’s Daily General Minimum Wage Will Increase in 2020

On December 16, 2019, the Mexican National Commission on Minimum Wages (Comisión Nacional de los Salarios Mínimos or CONASAMI) issued a resolution decreeing an increase in the Daily General Minimum Wage (DGMW) applicable in Mexico in 2020. The DGMW...By: Ogletree, Deakins, Nash, Smoak & Stewart,
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USCIS Will Begin Accepting Cap-Subject H-1B Registrations for FY 2021 Under New Preregistration System

U.S. Citizenship and Immigration Services (USCIS) will accept new H-1B petitions subject to the annual quota for fiscal year 2021 (FY2021) in early 2020 with a new preregistration system being implemented starting March 1, 2020. Overview of the H-1B...By: Ogletree, Deakins, Nash, Smoak & Stewart,
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What’s Old Is New Again - Dues Checkoff Requirements Expire With CBAs

On December 16, 2019, in Valley Hospital Medical Center, Inc., Case 28-CA-213783, the National Labor Relations Board (NLRB) reversed Lincoln Lutheran of Racine, a controversial Obama Board decision that had overruled more than 50 years of precedent....By: Ogletree, Deakins, Nash, Smoak & Stewart,
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NLRB Restores Employers’ Right to Restrict Employees’ Personal Use of Company Email and Other IT Resources

In Caesars Entertainment d/b/a Rio All-Suites Hotel and Casino, Case 28-CA-060841 (December 16, 2019), the National Labor Relations Board (NLRB) ruled that employees do not have a statutory right under the National Labor Relations Act (NLRA) to use...By: Ogletree, Deakins, Nash, Smoak & Stewart,
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Second Circuit Stamps Out Approval Requirement for FLSA Claims Settled Via Rule 68 Offers of Judgment

On December 6, 2019, the U.S. Court of Appeals for the Second Circuit held in Yu v. Hasaki Restaurant, Inc., No. 17-3388, that judicial approval is not required to settle Fair Labor Standards Act (FLSA) claims via a Federal Rule of Civil Procedure...By: Ogletree, Deakins, Nash, Smoak & Stewart,
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Trump NLRB Modifies Obama Board’s Union Election Case Regulations

One of the more significant reforms made by the National Labor Relations Board (NLRB) under the leadership of President Barack Obama’s appointees were the modifications made to the representation-case procedures. These regulations became known to...By: Ogletree, Deakins, Nash, Smoak & Stewart,
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