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

Ogletree Deakins is a leading national law firm specializing in labor and employment. The firm blogs on workplace regulations and labor law updates.

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

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

The issue of the proper application of the highly compensated employee exemption under the Fair Labor Standards Act (FLSA), as it applies to employees paid on a “day-rate” basis in the oil and gas industry, has been a hotly debated issue in recent years, especially in the Fifth Circuit Court of Appeals. In August 2019, a three-judge panel of the Fifth Circuit concluded in Faludi v. U.S. Shale Solutions, LLC, that an oil and gas…
On July 15, 2021, in Ferra v. Loews Hollywood Hotel, LLC, the Supreme Court of California set forth a new rule requiring that premiums for meal, rest, and recovery break violations be paid at the regular rate of pay. Many California wage and hour class actions and Private Attorneys General Act (PAGA) collective actions include allegations that employers failed to properly pay bonuses and calculate them using the regular rate of pay, particularly for…
The White House announced on September 20, 2021, that beginning in “early November” 2021, the Biden administration would remove restrictions on international travelers who are seeking to fly to the United States, provided that they are fully vaccinated against COVID-19. This policy change will apply to all international travelers, including persons from countries currently covered by a regional travel ban. The policy change will provide substantial relief to international travelers seeking to enter the United…
On September 9, 2021, a California Court of Appeal issued its ruling in Wesson v. Staples the Office Superstore, LLC, delivering a welcome victory to employers battling representative actions under the Private Attorneys General Act (PAGA). Under the 2004 law, an “aggrieved employee” is empowered to commence a PAGA representative action on behalf of all other “aggrieved employees” to seek civil penalties for alleged violations of the California Labor Code. Acknowledging that the fundamental…
United States Citizenship and Immigration Services (USCIS) recently announced that, effective October 1, 2021, applicants for permanent residence (i.e., green card applicants) who are “subject to the immigration medical examination must be fully vaccinated against COVID-19 before the civil surgeon can complete … [the] examination and sign Form I-693, Report of Medical Examination and Vaccination Record.” USCIS stated that this requirement “applies prospectively to all Forms I-693 signed by the civil surgeons” on or…
In order to slow the transmission rate of COVID-19 and safeguard the health of people in Puerto Rico, Governor Pedro Pierluisi recently issued a series of executive orders mandating COVID-19 vaccinations in certain instances. The orders are directed to contractors of the executive branch of the Commonwealth of Puerto Rico and operators and employers in certain sectors of the economy on the island as discussed below. Industries Affected The mandates currently apply to the following…
Since it was passed in 1998, Iowa’s Drug-Free Workplaces Act has been one of the most comprehensive and complex drug-testing statutes in the United States. On June 25, 2021, the Iowa Supreme Court issued a pair of decisions—Dix v. Casey’s General Stores, Inc. and Woods v. Charles Gabus Ford, Inc.—that provide an in-depth analysis of the requirements that Iowa’s drug testing statute impose on  employers and the level of compliance that employers must…
Congressional Update. Various committees in the U.S. House of Representatives continued to work this week on their respective portions of the Democrats’ $3.5 trillion “human infrastructure” reconciliation bill—proposed legislation that would include significant spending on programs related to education, childcare, healthcare, and paid leave, among other things. Here is the latest. Timing. The House would like to vote on the $1 trillion “hard infrastructure” bill (legislation that includes investments in traditional public works projects as…
On September 13, 2021, New York City began enforcing Executive Order No. 225 (“Key to NYC”), which requires individuals show proof of COVID-19 vaccination prior to entering certain indoor establishments. In this podcast, Kelly Cardin and Jessica Schild discuss the key requirements of the executive order, including exemptions and penalties. The speakers also address significant compliance considerations implicated by the New York City Human Rights Law.…