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

Ogletree Deakins’ Cross-Border Practice Group is pleased to announce the publication of the latest issue of its international newsletter, the International Employment Update, which updates employers on key employment law changes and other significant developments in the countries in which they have employees. In this edition, we have more evidence of a clear trend of countries restricting the ability of employers to use fixed-term employment contracts inappropriately. This time it is court decisions in…
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On September 30, 2019, Governor Gavin Newsom signed California legislation—Senate Bill (SB) 206—that would permit college student athletes to benefit financially (for example, from endorsement deals) from their names, images, and likenesses while still in school. Governor Newsom signed the Fair Pay to Play Act, which Senator Nancy Skinner (D-Berkeley) and Senator Steven Bradford (D-Gardena) sponsored, with much fanfare, alongside a high-profile professional basketball player and several former college student athletes. The new…
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The U.S. Department of Homeland Security (DHS) has finalized plans to charge employers a $10 registration fee for each H-1B petition they submit for registration in the agency’s new electronic H-1B registration system. The final rule will take effect on December 9, 2019, and will be implemented once the system is operational. DHS plans to implement the electronic registration system in time for the fiscal year (FY) 2021 cap season, which begins on April…
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As 2020 approaches, employers in New England may want to review their noncompetition agreements to determine whether they comply with recently enacted laws in Rhode Island and New Hampshire. In 2019, both states passed laws that limit the categories of employees against whom employers may enforce noncompetition agreements. Rhode Island Beginning on January 15, 2020, the Rhode Island Noncompetition Agreement Act (RINAA) will prohibit employers in Rhode Island from enforcing noncompetition agreements against four categories…
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Fluctuating Workweek Reg Drops. On November 5, 2019, the U.S. Department of Labor’s Wage and Hour Division issued a notice of proposed rulemaking for computing overtime compensation for salaried nonexempt employees whose hours fluctuate from week to week. Comments are due on or before December 5, 2019. Vik C. Jaitly; Charles E. McDonald, III; and Alfred B. Robinson, Jr., have the details. NLRB Reg Landscape. Late last week, the National Labor…
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In this podcast, Mike Cramer and Tim Wolfe discuss ways to strive for a harassment-free and litigation-free manufacturing work environment. They will cover four key strategies: maintaining strong policies, implementing regular training, conducting good investigations, and not just having good policies, but living them as well.…
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On November 4, 2019, the U.S. Department of Labor (DOL) announced its notice of proposed rulemaking (NPRM) that would give employers more flexibility in the way they calculate overtime pay for workers with inconsistent schedules that result in workweeks with varying hours of work. This proposal would update the Fair Labor Standards Act’s (FLSA) fluctuating workweek compensation method by allowing employers to include bonus and premium payments when calculating overtime pay. The FLSA permits the…
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Employers, it is time to update your qualified retirement plan administration systems for 2020. On November 6, 2019, the Internal Revenue Service (IRS) announced the 2020 cost-of-living adjustments, also known as COLAs, affecting tax-qualified retirement plans. This was not a skinny list of adjustments—the 2020 COLAs affect most of the general retirement plan limitations. Effective January 1, 2020, the Internal Revenue Code’s (IRC) limits on annual contributions, annual compensation that can be taken into…
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On October 23, 2019, the U.S. Department of Labor (DOL) published proposed rules addressing default electronic disclosures by employee benefits plans under the Employee Retirement Income Security Act of 1974 (ERISA). In doing so, the DOL finally accounted for the evolving landscape of technology while balancing competing factors such as the effectiveness of the disclosures, the accessibility of electronic information to the workforce, and the costs involved in disseminating required information. The 2002 Safe Harbor…
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As we previously reported here and here, New York State significantly amended its antidiscrimination laws, with many of the changes effective as of October 11, 2019. The state issued updated FAQ guidance regarding these new requirements on October 29, 2019. While the guidance leaves unanswered many questions about the amended law, it provides valuable information regarding the new requirements. Below are highlights from the amended guidance. The New State Harassment Standard. The updated guidance…