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Archive by tag: Smoak & StewartReturn

Mexico’s Femicide Movement and the March 9 National Stoppage: Guidance for Employers

Recently Mexico has been facing a considerable and seemingly uncontrollable increase in femicide cases. In 2019, more than 3,825 women were killed, and the rate of femicide in Mexico increased by 6 percent from 2018. Currently, 10 to 15 women are...By: Ogletree, Deakins, Nash, Smoak & Stewart,
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Maintaining Employees’ Privacy During a Public Health Crisis

As coronavirus disease 2019 (COVID-19) continues to spread, employers have been trying to strike a balance between safety and privacy as they apply their own policies and attempt to follow laws such as the General Data Protection Regulation (GDPR) in...By: Ogletree, Deakins, Nash, Smoak & Stewart,
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UK Supreme Court Confirms Divergence in Pay for Maternity and Parental Leave Does Not Discriminate Against Men

The Supreme Court of the United Kingdom has refused leave to appeal in the case of Chief Constable of Leicester v. Hextall. The claimant had sought leave to appeal the court of appeal’s May 2019 ruling in the combined cases of Ali v. Capita Customer...By: Ogletree, Deakins, Nash, Smoak & Stewart,
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Governor Murphy Proposes Numerous Changes to the New Jersey Law Against Discrimination

On February 18, 2020, Governor Phil Murphy proposed a host of legislative changes to the New Jersey Law Against Discrimination (NJLAD) (N.J.S.A. 10:5-1, et seq.). According to the governor, the changes aim “to clarify legal grey areas” and would (1)...By: Ogletree, Deakins, Nash, Smoak & Stewart,
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Arizona Employers and the Coronavirus: How to Prepare if COVID-19 Is Declared a Public Health Emergency

Since February 2020, the spread of COVID-19 (commonly referred to as the coronavirus) has morphed into an expanding health emergency in the United States. While efforts to sufficiently stem the adverse effects of the virus to escape the mass...By: Ogletree, Deakins, Nash, Smoak & Stewart,
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Vacation Time: Colorado Employees Still Cannot “Use It or Lose It”

In December 2019, the Colorado Department of Labor and Employment, Division of Labor Standards and Statistics, issued a final rule clarifying the statutory prohibition on “use it or lose it” vacation time payouts. This rule, 7 CCR 1103-7 2.15, begins...By: Ogletree, Deakins, Nash, Smoak & Stewart,
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Hiring Independent Contractors in Oregon: Pitfalls and Best Practices

Misclassifying an employee as an independent contractor can put a business at risk of tax assessments, penalties, and wage and hour claims. Understanding the difference between an employee and independent contractor is vital for any business to...By: Ogletree, Deakins, Nash, Smoak & Stewart,
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Beltway Buzz - February 2020 #4

NLRB Issues Joint-Employer Rule. On February 26, 2020, the National Labor Relations Board (NLRB) finalized its joint-employer rule. The rule returns to a common sense joint-employer standard that existed for decades prior to the Board’s decision in...By: Ogletree, Deakins, Nash, Smoak & Stewart,
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Department of Transportation Issues Notice on Use of CBD Products by Safety-Sensitive Employees

The Department of Transportation’s (DOT) recent notice on the use of cannabidiol (CBD) products serves as a warning to employees in DOT-defined safety-sensitive positions. While the DOT has always had clear regulations strictly prohibiting the use of...By: Ogletree, Deakins, Nash, Smoak & Stewart,
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USCIS Reaches H-2B Cap for Second Half of Fiscal Year 2020; Lawmakers Request Additional Visas

On February 18, 2020, U.S. Citizenship and Immigration Services (USCIS) reached the H-2B cap for the second half of fiscal year (FY) 2020. USCIS received significantly more petitions than there were H-2B visas available for the remainder of the...By: Ogletree, Deakins, Nash, Smoak & Stewart,
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