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

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Last month, in Barbee v. Big River Steel, LLC, No. 18-2255 (June 20, 2019), the United States Court of Appeals for the Eighth Circuit held that an independent agreement for attorneys’ fees in connection with a Fair Labor Standards Act (FLSA) settlement does not require court approval—without intimating any position on the current circuit split as to whether FLSA settlements in general require judicial approval. As stated by the court, under the express language…
The Texas Legislature’s 86th session adjourned on May 27, 2019, and there is little likelihood that the governor will call a special session. The legislature primarily focused on educational reforms this year. Regarding employment matters, most observers expected the legislature to adopt laws preempting any attempt by municipalities to pass paid sick leave laws. While the legislature failed to pass any such law, they did pass other laws impacting the employer-employee relationship. Below is a…
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Secretary of Labor Resigns. On July 12, 2019, Alexander Acosta resigned as Secretary of Labor amid renewed scrutiny of his handling of criminal charges against Jeffrey Epstein while serving as the U.S. attorney for the Southern District of Florida from 2005 to 2009. His resignation will be effective on July 19, 2019. Deputy Labor Secretary Patrick Pizzella will become acting secretary of labor. This is obviously a significant development, and the Buzz will be watching…
On July 9, 2019, the California Senate Judiciary Committee passed Assembly Bill 25 (AB 25), but only after certain changes were made to quell opposition to the bill by labor groups. The bill was originally drafted to exclude employees and job applicants from the definition of “consumer” under the California Consumer Privacy Act of 2018 (CCPA). With the changes adopted by the judiciary committee, AB 25 no longer seeks to exclude the employees and job…
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On July 10, 2019, the U.S. House of Representatives passed H.R. 1044, the Fairness for High-Skilled Immigrants Act of 2019, by a vote of 365 to 65. The bill is intended to reduce lengthy immigrant visa (green card) wait times by eliminating per-country caps for employment-based green cards. In addition, senators have reportedly reached an agreement on a version of a companion bill (S. 386) in the U.S. Senate that presently includes…
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The U.S. Equal Employment Opportunity Commission (EEOC) has released its Upload File Specifications for the 2017 and 2018 EEO-1 Component 2 reports. Given the number of data items required in the Component 2 reporting, the EEOC has designed a narrower file layout with the goal of making it easier for filers to create upload files. Employers will still have the option to enter data manually into an online form. Ogletree Deakins’ Affirmative Action and OFCCP …
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As we previously reported, the New York State Senate and Assembly recently passed Senate Bill 5248A and Senate Bill 6549. Governor Andrew Cuomo signed both bills, and both became law on July 10, 2019. Senate Bill 5248A, which amends Section 194 of the New York Labor Law, prohibits wage differentials based on any protected class. This law will take effect on October 8, 2019. Senate Bill 6549, now Section 194-A of the New York…
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In Fort Bend County, Texas v. Davis, the Supreme Court of the United States held that the requirement in Title VII of the Civil Rights Act that an employee file a charge of discrimination with the Equal Employment Opportunity Commission before commencing an action in court is not jurisdictional. For federal court filings, this means that employers may want to make sure to raise the defense that an employee failed to exhaust administrative remedies…
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In Fort Bend County, Texas v. Davis, the Supreme Court of the United States held that the requirement in Title VII of the Civil Rights Act that an employee file a charge of discrimination with the Equal Employment Opportunity Commission before commencing an action in court is not jurisdictional. For federal court filings, this means that employers may want to make sure to raise the defense that an employee failed to exhaust administrative remedies…
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On July 3, 2019, in a long-awaited judgment the Supreme Court of the United Kingdom clarified the correct approach to deciding whether words can be severed from a post-employment covenant to leave an employee bound by the remainder of the covenant. Background In Tillman v Egon Zehnder Ltd, Tillman’s contract of employment with Egon Zehnder (EZ) contained a noncompetition clause that prevented her from engaging or being concerned or interested in any business carried on…