The National Labor Relations Board (NLRB), led by members appointed by President Barack Obama and with a pro-labor agenda, implemented many procedural changes during the last decade. One of the more significant and wide-sweeping changes of the Obama...By: Ogletree, Deakins, Nash, Smoak & Stewart,
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On January 16, 2020, the U.S. District Court for the Southern District of California entered an order granting a preliminary injunction requested by the California Trucking Association (CTA), which was represented by Ogletree Deakins shareholders...By: Ogletree, Deakins, Nash, Smoak & Stewart,
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In late December, Congress passed and President Donald Trump signed into law the Setting Every Community Up for Retirement Enhancement (SECURE) Act, the most sweeping retirement legislation since the Pension Protection Act of 2006. The Act, whose...By: Ogletree, Deakins, Nash, Smoak & Stewart,
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U.S. Citizenship and Immigration Services (USCIS) recently announced that it would begin accepting electronic registrations for H-1B candidates subject to the annual quota for fiscal year (FY) 2021 on March 1, 2020. The registration period will run...By: Ogletree, Deakins, Nash, Smoak & Stewart,
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On January 12, 2020, the Department of Labor’s Wage and Hour Division released the final changes to its joint-employer regulation under the Fair Labor Standards Act (FLSA). Originally proposed in April 2019, the updated regulation provides a clear,...By: Ogletree, Deakins, Nash, Smoak & Stewart,
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Assembly Bill (AB) 51, which attempts to ban certain mandatory arbitration agreements, was scheduled to go into effect on January 1, 2020. However, a coalition of business organizations filed a suit on December 9, 2019 seeking to enjoin AB 51....By: Ogletree, Deakins, Nash, Smoak & Stewart,
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On January 13, 2020, U.S. District Court Judge Roger T. Benitez left in place a temporary restraining order (TRO) enjoining the enforcement of California’s Assembly Bill (AB) 5 as to motor carriers operating in California. The U.S. District Court for...By: Ogletree, Deakins, Nash, Smoak & Stewart,
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On January 9, 2020, the U.S. Senate confirmed by voice vote both of President Donald Trump’s nominees to the Occupational Safety and Health Review Commission (OSHRC). Cynthia L. Attwood was first to be confirmed, followed shortly thereafter by Amanda...By: Ogletree, Deakins, Nash, Smoak & Stewart,
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On January 7, 2020, the U.S. Department of Labor’s Wage and Hour Division (WHD) issued three opinion letters, two of which concerned the Fair Labor Standards Act (FLSA). (The other dealt with the Family and Medical Leave Act of 1993.) These opinion...By: Ogletree, Deakins, Nash, Smoak & Stewart,
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On December 31, 2019, Governor Andrew M. Cuomo vetoed the employee wage lien bill (colloquially referred to by its sponsors and supporters as the “Securing Wages Earned Against Theft” or “SWEAT” bill). Both the New York State Senate and Assembly...By: Ogletree, Deakins, Nash, Smoak & Stewart,
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