Ashley Prickett Cuttino

Ashley is an active litigation partner who regularly handles complex and multi-party litigation. Ashley has tried and won jury trials in multiple jurisdictions and represents employers in state and federal courts in single and multi-plaintiff actions. Her diverse practice includes the representation of regional and national clients in all phases of litigation involving employment litigation, sexual abuse, employee theft, toxic tort and complex business disputes.

Ashley has extensive experience in all areas of employment law, including wrongful termination, retaliation, discrimination, harassment, wage and hour issues, family and medical leave, disability discrimination and accommodation and employee privacy. Ashley is a member of the firm’s Trial Practice Group and is the co-chair of the Ogletree COVID-19 Litigation Practice Group. COVID-19 litigation involves all areas of employment law as well as personal injury related claims. In this role, Ashley has been able to utilize her substantial past litigation experience that includes employment litigation, personal injury litigation, medical malpractice defense, asbestos defense and complex toxic tort defense.

In addition to litigation, Ashley represents and counsels companies on a wide range of labor and employment law issues-though a significant focus of her practice is on various state leave laws (counseling and litigation) and multi-state compliance. Ashley is a member of the OD Comply compliance solutions group and the shareholder – author of the OD Comply: State Leave Law subscription materials.

Ashley is also actively involved in raising the profile of women in her own firm, in the legal community, and in her local community. Ashley is the former Chair of the Ogletree Deakins’ Women’s Initiative (ODWIN). In addition, Ashley is a Past- President of the South Carolina Women Lawyers Association and is Past-Chair of the Greenville YWCA.

Vermont to Launch Voluntary Paid Family and Medical Leave Program

On December 6, 2022, Vermont Governor Phil Scott announced that the state will launch a voluntary paid family and medical leave program that will provide workers in the state with such leave insurance by 2025. With the move, Vermont joins its neighbor New Hampshire as the second state with such an innovative voluntary program two years after the two states had previously announced a similar joint program.

Montana’s Vaccination Discrimination Law: Federal Court Blocks Enforcement

On December 9, 2022, a federal judge in Montana permanently blocked enforcement in healthcare settings of a first-in-the-nation law that had prohibited discrimination in employment and the provision of services based on vaccination status—including vaccination against COVID-19—finding the law is unconstitutional and preempted by federal law.

Massachusetts Unveils New Workplace Poster, Notifications for Employers

The Massachusetts Department of Family and Medical Leave (DFML) recently published a new workplace poster, notifications, and new rate sheets for all employers in the state for 2023 regarding the Paid Family and Medical Leave (PFML) law. Employers are required to notify their employees of new contribution and benefits rates and new published notices.

Oregon, Colorado Declare Public Health Emergencies Triggering Leave Requirements

Respiratory syncytial virus (RSV) and influenza cases are surging across the United States while COVID-19 continues to spread. Faced with hospital beds filling up and experts warning that this could be one of the most severe respiratory illness seasons in recent years, two states—Oregon and Colorado—have declared public health emergencies that will impact state sick and family leave requirements as workers struggle with the illnesses or to care for sick children.

State Voting Leave Requirements: A Refresher in Preparation for the 2022 Midterm Elections

Millions of workers across the United States will be headed to the polls on Tuesday, November 8, 2022, for the midterm elections. With control of Congress up for grabs for the final two years of President Joe Biden’s first term, several close Senate races, five states considering ballot measures to legalize recreational marijuana, and 36 states holding elections for governor, this midterm election is one of the most highly-anticipated in decades. Early voting numbers in some states already suggest there could be record turnout.

The Latest in Multi-Jurisdictional Paid Sick Leave Compliance

Variations in paid sick leave requirements can cause major compliance issues for employers, particularly as the requirements can vary not only state-to-state but from locality to locality within a state. In fact, respondents to Ogletree Deakins’ recent survey report, Strategies and Benchmarks for the Workplace: Ogletree’s Survey of Key Decision-Makers, ranked leaves of absence, including paid sick leave and state leave laws, as the number one most challenging multijurisdictional compliance issue.