Pre- and post-job offer physical ability tests (PATs) continue to face challenges from the Equal Employment Opportunity Commission (EEOC) and the Office of Federal Contract Compliance Programs (OFCCP) and occasionally private litigants. For example,...By: Ogletree, Deakins, Nash, Smoak & Stewart,
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On March 21, 2019, Virginia Governor Ralph Northam approved an amendment and reenactment of Virginia Code § 8.01-413.1. The amendment requires employers to produce certain employment documents upon receipt of a written request from a current or...By: Ogletree, Deakins, Nash, Smoak & Stewart,
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In its final part 541 overtime rule, the U.S. Department of Labor’s (DOL) Wage and Hour Division (WHD) set the salary level or amount test at $684 per week/$35,568 per year for exempt executive, administrative, and professional employees of section...By: Ogletree, Deakins, Nash, Smoak & Stewart,
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The deadlines for notice to employees and contribution withholdings required by the Massachusetts Paid Family and Medical Leave Act (PFML) are fast approaching, and employers are encouraged to make sure that they are prepared. Ahead of these...By: Ogletree, Deakins, Nash, Smoak & Stewart,
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Labor Secretary Hearing. Eugene Scalia’s nomination to be secretary of labor took a step forward this week, as the U.S. Senate Committee on Health, Education, Labor and Pensions held his confirmation hearing on September 19, 2019. Among the topics...By: Ogletree, Deakins, Nash, Smoak & Stewart,
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Implementation of the rule rescinding H-4 work authorization has been delayed yet again. According to the Department of Homeland Security (DHS), the proposed rule is not expected to be published in the Federal Register until spring 2020 at the...By: Ogletree, Deakins, Nash, Smoak & Stewart,
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On September 18, 2019, Governor Gavin Newsom signed Assembly bill (AB) 5, which codifies last year’s Supreme Court of California decision establishing a new test to determine whether a worker is an independent contractor or an employee. In addition...By: Ogletree, Deakins, Nash, Smoak & Stewart,
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On July 25, 2019, New York governor Andrew Cuomo signed into law two bills aimed at increasing the obligations of entities handling computerized private data. The Stop Hacks and Improve Electronic Data Security Act (SHIELD Act) expands the...By: Ogletree, Deakins, Nash, Smoak & Stewart,
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Ogletree Deakins’ Traditional Labor Relations Practice Group is pleased to announce the publication of the summer 2019 issue of the Practical NLRB Advisor. This edition examines the National Labor Relations Board’s (NLRB) new framework for...By: Ogletree, Deakins, Nash, Smoak & Stewart,
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As of July 28, 2019, Washington employers with 15 or more employees are required to provide reasonable break time for employees to express breast milk. (See House Bill 1930 and Revised Code of Washington 43.10.005.) Break time must be provided each...By: Ogletree, Deakins, Nash, Smoak & Stewart,
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