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.

A recent flurry of cases interpreting the “transportation worker exemption” expands the scope of the exemption and therefore increases the number of workers to whom the FAA does not apply. As a result, employers that have arbitration agreements with workers who may be considered within the scope of the exemption may want to update their

Quick Hits

  • OFCCP released its first detailed guidance on federal contractors’ use of AI and automated systems.
  • The guidance instructs federal contractors to routinely monitor whether AI and automated systems have a disparate or adverse impact on protected groups and take actions to reduce those impacts or use different tools.
  • The guidance further clarifies that

Quick Hits

  • The Supreme Court held that Section 3 of the FAA requires federal courts to grant stays of lawsuits after claims are sent to arbitration, if a stay is requested.
  • The ruling resolves a 6–4 circuit split regarding whether federal district courts must stay lawsuits pending arbitration or whether they have discretion to dismiss

Quick Hits

  • OSHA may look to the National Fire Protection Association’s new electrical equipment maintenance standard for interpretation of agency standards and requirements.
  • The standard, NFPA 70B, requires development of a safety program addressing maintenance, inspections, servicing, and testing of electrical equipment.
  • Employers can expect OSHA to begin relying on NFPA 70B as an industry

Quick Hits

  • On May 8, 2024, OAL issued a decision disapproving the previously submitted indoor heat illness standard citing “clarity” and “incorrect procedure,” and stating that it would send a further written decision detailing the reasons for the disapproval.
  • The Standards Board immediately issued a new draft regulation that exempted correctional facilities from the regulation,

Quick Hits

  • The EB-1 and EB-2 final action dates remain unchanged for all countries of chargeability. The EB-3 final action date for India retrogressed eight days, while all other countries of chargeability remain unchanged.
  • USCIS has confirmed it will accept employment-based adjustment of status applications based on the final action dates chart for the June

 Current LawExpansion Under Public Act No. 24-8 Effective January 1, 2025 (Unless Otherwise Noted)Covered EmployeesThe current law applies to “service workers,” who are defined as employees in certain occupations identified in the U.S Bureau of Labor Statistics’ Standard Occupational Classification system.The expanded law applies to all employees, including seasonal employees who work 120 days or