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Archive by tag: Smoak & StewartReturn

Eleventh Circuit Limits Reach of Arbitration Agreements, Finds “Pay Your Own Fees” Clause Unenforceable

On November 22, 2019, the United States Court of Appeals for the Eleventh Circuit, the court with jurisdiction over Alabama, Florida, and Georgia, handed down a decision that invalidates certain provisions in arbitration agreements in Fair Labor...By: Ogletree, Deakins, Nash, Smoak & Stewart,
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Showing Up to Work: Sixth Circuit Clarifies When Regular, In-Person Attendance Is Required Under the ADA

In Popeck v. Rawlings Company, LLC, No. 19-5092 (October 16, 2019), the U.S. Court of Appeals for the Sixth Circuit affirmed summary judgment for the Rawlings Company on Popeck’s claims under the Americans with Disabilities Act (ADA), finding that...By: Ogletree, Deakins, Nash, Smoak & Stewart,
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Judge Issues Temporary Injunction Blocking Implementation of San Antonio’s Sick and Safety Leave Law

The City of San Antonio’s Sick and Safe Leave ordinance has been enjoined. The ordinance was originally scheduled to go into effect on August 1, 2019, but on July 24, 2019, a Texas state court delayed implementation until December 1, 2019, pending a...By: Ogletree, Deakins, Nash, Smoak & Stewart,
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Employers May Need to Provide Cost Data Under Proposed ACA Rules

Employer-sponsored health plans and health insurers may be required to post online - and to provide participants upon request - a range of pricing and cost-sharing information beginning in 2021. Proposed Affordable Care Act (ACA) regulations...By: Ogletree, Deakins, Nash, Smoak & Stewart,
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“Caring for Our Caregivers”: House Passes Unprecedented Workplace Violence Prevention Bill

On November 21, 2019, the U.S. House of Representatives passed House Resolution (HR) 1309, the Workplace Violence Prevention for Health Care and Social Service Workers Act, in a 251-158 vote. HR 1309 would direct the Occupational Safety and Health...By: Ogletree, Deakins, Nash, Smoak & Stewart,
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Beltway Buzz - November 2019 #4

Close Call. On November 21, 2019, President Donald Trump signed a continuing resolution to keep the federal government open through December 20, 2019. Given the pervasiveness of brinksmanship in Congress these days, the Buzz suspects that a new...By: Ogletree, Deakins, Nash, Smoak & Stewart,
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The Artificial Intelligence Video Interview Act: Privacy Implications of Illinois’s AI Statute

It’s time for employers to start preparing for legislation recently signed into law in Illinois, the Artificial Intelligence Video Interview Act. The new law, which takes effect on January 1, 2020, regulates Illinois employers’ use of artificial...By: Ogletree, Deakins, Nash, Smoak & Stewart,
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Maryland Prohibits Noncompetes for Low-Wage Employees

A new state law in Maryland now prohibits employers from requiring low-wage employees to enter into noncompete agreements. Maryland Senate Bill 328, which took effect on October 1, 2019, prohibits employers from obligating any employee who earns less...By: Ogletree, Deakins, Nash, Smoak & Stewart,
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USCIS Proposes Significant Fee Hikes

The Department of Homeland Security (DHS) has proposed a new fee schedule designed to mitigate an approximate $1.3 billion shortfall in the annual budget of U.S. Citizenship and Immigration Services (USCIS). According to DHS, immigration fees would...By: Ogletree, Deakins, Nash, Smoak & Stewart,
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FMLA Retaliation Case Illustrates the Practical Significance of Effective HR Documentation

In Simpson v. Temple University, et al., the U.S. District Court for the Eastern District of Pennsylvania granted summary judgment to the defendants on the plaintiff’s claims of interference and retaliation under the Family and Medical Leave Act...By: Ogletree, Deakins, Nash, Smoak & Stewart,
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