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Latest from Ogletree Deakins Insights

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On November 14, 2019, the Oregon Court of Appeals in Maza v. Waterford Operations, LLC, 300 Or. App. 471 (2019), addressed the question of whether an employer can be found strictly liable under Oregon Administrative Rules (OAR) 839-020-0050(2) when an hourly employee takes less than the entire duty-free, 30-minute lunch break to which the employee is otherwise entitled, regardless of the circumstances. Background OAR 839-020-050(2)(a) requires employers to provide hourly nonexempt employees with “a…
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DACA at SCOTUS. On November 12, 2019, the Supreme Court of the United States heard oral argument in a series of cases challenging President Donald Trump’s termination of the Deferred Action for Childhood Arrivals (DACA) program in September 2017. DACA, which began in 2012, provides work authorization and protection from deportation to individuals brought to the United States as children. A coalition of 143 trade associations and individual companies filed an amicus brief emphasizing the…
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In Simpson v. Temple University, et al., the U.S. District Court for the Eastern District of Pennsylvania granted summary judgment to the defendants on the plaintiff’s claims of interference and retaliation under the Family and Medical Leave Act (FMLA). The decision illustrates the practical significance of documenting performance issues and termination decisions as soon as possible. Such a practice can help employers reduce the risk of liability for retaliation under the FMLA. Background The…
On November 12, 2019, the Supreme Court of the United States heard oral argument on the legality of the Department of Homeland Security’s (DHS) decision to terminate Deferred Action for Childhood Arrivals (DACA), an Obama-era program that provides work authorization and protection from deportation to young undocumented immigrants who were brought to the United States as children. The roughly 80-minute session focused on two primary questions: whether the Court had the authority to review DHS’s…
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Women make up the majority of employees in the healthcare industry. According to the Bureau of Labor Statistics, in 2018, 75 percent of hospital staff and nearly 80 percent of the staff of other health services were composed of women. In part due to the prevalence of female employees in the healthcare setting, the healthcare industry has moved to address lactation accommodation laws and implement lactation policies at a faster pace than other industries.…
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The Department of Homeland Security (DHS) has announced that it will automatically extend the validity of temporary protected status (TPS) documents and work authorization for qualified beneficiaries from El Salvador, Haiti, Nicaragua, Sudan, Honduras and Nepal. The secretary of homeland security may designate a foreign country for TPS due to conditions in the country that temporarily prevent people from returning safely or, in certain circumstances, where the country is unable to handle the…
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…