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Archive by tag: Smoak & StewartReturn

Employers Beware: New Jersey Enacts One of the Toughest “Wage Theft” Laws in the Country

On August 6, 2019, Acting Governor Sheila Oliver signed the New Jersey Wage Theft Act (WTA) into law. The law has been touted by proponents as the toughest wage theft statute in the country. Notwithstanding its name, the WTA goes far beyond...By: Ogletree, Deakins, Nash, Smoak & Stewart,
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Minneapolis Wage Theft Ordinance to Go Into Effect on January 1, 2020

Joining a chorus of cities and states addressing concerns involving employers’ failure to properly calculate employees’ pay, or to pay them at all, allowing employees to work “off the clock,” or take unauthorized or illegal deductions, on August 8,...By: Ogletree, Deakins, Nash, Smoak & Stewart,
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NLRB’s Proposed Rule Change Expands Employee Free Choice in the Construction Industry

Under the National Labor Relations Act (NLRA), employees have the right to determine whether union representation is in their best interests. The freedom of employees to make this critical choice in an atmosphere free of coercion or intimidation is...By: Ogletree, Deakins, Nash, Smoak & Stewart,
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Indiana Court of Appeals Decision Signals Change in State’s Restrictive Covenant Law

On April 15, 2019, the Indiana Court of Appeals issued a ruling that significantly developed restrictive covenant law in two areas: whether courts may reform contracts (as opposed to blue-penciling them) and whether non-solicitation provisions can...By: Ogletree, Deakins, Nash, Smoak & Stewart,
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New York’s New Employment Discrimination Laws Are Here

As we previously reported, the New York State Senate and Assembly passed an omnibus bill that overhauls New York’s antidiscrimination laws and uproot precedent upon which employers have relied for decades in defending harassment claims. Governor...By: Ogletree, Deakins, Nash, Smoak & Stewart,
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Fifth Circuit Rules that Courts, Not Arbitrators, Decide “Gateway Issue” of Class Arbitrability

In 20/20 Communications, Inc. v. Crawford, the U.S. Court of Appeals for the Fifth Circuit recently ruled that the question of whether a dispute can be arbitrated on a class-wide basis is a threshold issue that is presumptively for a court, not an...By: Ogletree, Deakins, Nash, Smoak & Stewart,
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The Letters Keep Rolling In: DOL Issues 3 More FLSA and FMLA Opinions

On August 8, 2019, the U.S. Department of Labor announced that it issued three new opinion letters. The letters cover issues related to the Family and Medical Leave Act (FMLA) and the Fair Labor Standards Act (FLSA)....By: Ogletree, Deakins, Nash, Smoak & Stewart,
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Beltway Buzz - August 2019 #2

NLRB Proposes Election Changes. On August 9, 2019, the National Labor Relations Board issued a notice of proposed rulemaking (NPRM) that proposes three specific amendments to its election procedures....By: Ogletree, Deakins, Nash, Smoak & Stewart,
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NLRB Proposes Changes to Representation Case Procedures

On August 12, 2019, the National Labor Relations Board (NLRB) will publish a notice of proposed rulemaking (NPRM) with regard to certain of its election and recognition policies. The issuance of this NPRM is likely the first step in an ongoing...By: Ogletree, Deakins, Nash, Smoak & Stewart,
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Kansas City Joins Movement to Ban Salary History Inquiries

Employers in Kansas City, Missouri, are now prohibited from asking applicants about their prior salary or pay histories. Kansas City’s ordinance, which becomes effective on October 31, 2019, is part of a growing national trend to ban salary history...By: Ogletree, Deakins, Nash, Smoak & Stewart,
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