Ogletree, Deakins, Nash, Smoak & Stewart, P.C.

Attacked From All Sides: What Is Happening in the World of Restrictive Covenants?

by Christine Bestor Townsend

One employment lawyer explains how companies can navigate challenges of federal and state governmental scrutiny on restrictive covenant agreements.

Keep an Eye on AI

by Danielle Ochs and Jennifer G. Betts

Artificial intelligence tools—most notably the “generative AI” systems that have so captured the public imagination lately—are proliferating. How will legislators, regulators and employers deal with the changes these systems bring to the workplace?

Employers Are Budding Heads on Marijuana in the Workplace

by M. Tae Phillips and Melanie C. Cormier

As employment lawyers, we receive many questions from employers navigating marijuana legalization. Below, we answer the top three most asked questions.

The Compensation Situation

by Liz S. Washko

Pay discrimination has been outlawed for decades. Yet the issue has taken on new salience in recent years. Here’s what to know about compensation equity—and where the legal risk lies for companies.

Law Firm or Startup: Which Addresses Innovation Best?

by Ronald W. Chapman, Jr. and Tim Fox

In a hypercompetitive environment, each has its advantages and challenges. Here’s a look at how they stack up.

Nowhere Near Normal

by James T. McBride

Employers can guard against the ongoing (and sure to increase) risk of COVID-19-related employment claims by using these defensive strategies to mitigate their exposure to them ahead of time.

The Silent Epidemic

by Kelly S. Hughes

Obsessive-compulsive and anxiety disorders are far more common among lawyers than other professionals. It’s past time to address the problem.

Value Play

by Kim F. Ebert

Impeccable skills are no longer enough: Why lawyers must increasingly take into account clients’ expectations about representation’s true worth.

Immigration Worksite Enforcement to Increase in 2018

by Christopher L. Thomas

Worksite enforcement is likely to take center stage in 2018.

The Top Employment Cases of 2017 and a Sneak Peek at 2018

by Nonnie L. Shivers

Top employment cases of 2017 with a look at 2018.

The Quest for Smarter, Better RFPs

by Anne Forkner

A law firm that cannot meet deadlines, stay within page limits, and answer all parts of a question in an RFP is providing important information regarding the firm’s ability to meet client requirements.

The Only Thing that Is Constant Is Change

by Howard Rubin

New Oregon employment laws.

Proceed with Caution!

by Bernard J. Bobber

The dangerous intersection of racial bigotry and labor law.

New York City Employers Will Soon Be Restricted in Asking Applicants About Salary Histories

by Ronald Kreismann

NYC employers can no longer ask job applicants about their compensation history.

In the News: New England

by Compiled by Tess Congo

Newsworthy highlights of lawyers from New England.

Federal Court in Los Angeles Dismisses Website Accessibility Claims

by Ogletree, Deakins, Nash, Smoak & Stewart

On March 20, 2017, a federal district judge in Los Angeles granted Domino’s Pizza’s motion to dismiss a website accessibility lawsuit

Can Fido Come to Work?

by James M. Paul

EEOC files suit to require emotional support dog on truck route.

Eighth Circuit Methodically Rejects Plaintiff’s Allegations of Pretext in Age Discrimination Case

by Andrew E. Tanick

On March 1, 2017, the Eighth Circuit Court of Appeals issued an important decision affirming summary judgment in an age discrimination claim under the Minnesota Human Rights Act.

Do You Have a Gap in Your Benefit Eligibility Procedures?

by Tina M. Bengs

Issues Raised by Non-FMLA Reduced Schedules and Leaves of Absence

Super Bowl 51: What to Do When the Fantasy Is Over and Football Fever Becomes a Work Reality?

by Hera S. Arsen

Inauguration Day 2017: President Donald Trump

by Harold P. Coxson

"National popularity rating of 40 percent, according to a recent poll—the lowest rating of any new president on Inauguration Day over the past six most recent presidents."

“Change” Comes to Washington—What to Expect

by Harold P. Coxson

On January 20, 2017, President-elect Donald Trump will be inaugurated as the 45th President of the United States, with an ambitious agenda set for the first 100 days, including the confirmation of his cabinet appointees and a yet-to-be-named Supreme Court nominee.

The Top 10 Labor and Employment Issues Retailers Will Face in 2017

by Diane M. Saunders

The public-facing nature of their businesses also has an enormous impact on employment issues within retail establishments.

Fido Can’t Help Ring in the New Year (Unless He’s a True Service Animal)

by James M. Paul

The ADA defines “service animals” to include only those dogs or miniature horses that are individually trained to do work or perform tasks for people with disabilities.

Supreme Court Denies Review of NFL Players’ Concussion Settlement

by Alexandra A. Bodnar

The case will now return to the district court to implement the settlement and begin the payout to retired players. More than 100 former players opted out of the class settlement, reserving the right to sue the NFL on their own.

Must Your Stadium, Theater, or Museum Offer Complimentary Admission to Personal Care Providers?

by David Raizman and Amber L. Roller

Whatever type of business or public accommodation you operate, you may want to have a policy or protocol in place to evaluate, on a case-by-case basis, any requests for complimentary admission for a PCA.

What Should Employers Do Now That the Overtime Rule Is Blocked?

by Marc L. Zaken

Some employers have already prepared to comply with the new regulations and are ready to roll out new payroll practices next month. Do they hold off or press forward?

OSHA Officially Increases Civil Penalties by 78 Percent

by John F. Martin

Under the interim rule, the maximum penalties for workplace safety violations issued by OSHA will spike by 78.16 percent, effective August 1, 2016.

The Other Shoe Drops—The NLRB’s “Contingent Workforce” Activism Continues

by Timothy C. Kamin

The NLRB will now permit a single bargaining unit to include employees who are solely employed by an employer along with other employees who are jointly employed by that employer and a staffing provider, all without the consent of either employer.

FAQs on the Final Overtime Regulations

by Tracy A. Miller

On March 13, 2014, President Obama signed a presidential memorandum directing the Department to update and modernize the Part 541 regulations.

Ripped From the Headlines: Three Investigation Lessons to Learn From a Political Controversy

by Patti C. Perez

Another day, another political scandal involving a politician accused of having had an extramarital affair. The latest such story concerns an alleged inappropriate relationship that the governor of Alabama had with a top aide—once again raising issues related to investigating allegations of bad behavior at work.

Restrictive Covenants in Michigan: A Cent, a Peppercorn, or Continued At-Will Employment

by Martin C. Brook

The Michigan Supreme Court, in a 2002 case, has commented that a “cent or a pepper corn, in legal estimation, would constitute a valuable consideration.” Essentially, this means that courts refrain from evaluating the quality of the deal, i.e., whether it was good or bad for one party.

Welcome to the Jungle: Trade Associations and Reportable Persuader Activity

by James J. Murphy

Many trade associations have little direct experience with union organizing and labor relations. When it comes to lobbying in Washington, D.C., however, trade associations know a thing or two about what it takes to be a successful persuader.