Legal Alert: U.S. Supreme Court Adopts a “Fair Reading” Standard for FLSA Exemptions

In this week’s L&E Legal Alert, Jennifer Yee and Josh Woodard take a deeper dive into the Encino Motorcars, LLC v. Navarro where the U.S. Supreme Court rejected  the longstanding principle that courts construe FLSA exemptions narrowly and, instead, adopted … Continue reading

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“Times They Are a-Changin’”: Recent Developments Regarding Marijuana Use by Employees in Nevada

As employers know, marijuana laws and opinions regarding marijuana use for both medical and recreational purposes are rapidly changing. Marijuana remains a Schedule I controlled substance under the federal Controlled Substances Act (CSA); however, this has not stopped states from … Continue reading

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Immigration Alert: USCIS to Destroy Important Undeliverable Documents

Employers may want to consider reminding their foreign national employees to formally notify USCIS of any change of address.  USCIS announced that beginning immediately, the agency will destroy permanent resident cards (“green cards”), employment authorization cards (EADs) and travel documents (including … Continue reading

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Immigration Update: USCIS reaches FY 2019 H-1B Visa Cap

USCIS has reached the 65,000 H-1B visa cap and the 20,000 visa U.S. advanced degree exemption (the “master’s cap”) for fiscal year 2019. The agency will reject and return filing fees for all unselected cap-subject petitions that are not prohibited … Continue reading

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Workplace Word: The U.S. Supreme Court and the “Fate of the Union”

Check out the latest edition of Snell & Wilmer’s Workplace Word – see here. This edition explores the recent oral argument before the U.S. Supreme Court concerning whether nonunion employees working in the public sector should have to pay partial … Continue reading

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Supreme Court Rejects Principle that FLSA Overtime Exemptions Should Be Construed Narrowly

In a 5-4 opinion issued on April 2nd, the United States Supreme Court held that service advisers at car dealerships are exempt from the overtime pay requirement of the FLSA because they are “salesmn . . . primarily engaged in … Continue reading

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Employees Use of Their Employers’ Email Resources for Union Activities

In Purple Communications Inc., 361 NLRB No. 126 (December 11, 2014) the NLRB reversed established precedent that employees did not have statutory rights to use their employers’ email resources for union activity.  In that case, the Board held that employees … Continue reading

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California Supreme Court Deviates From Federal Regulations on Calculating Regular Rate of Pay on Flat Rate Bonuses

Earlier this week the California Supreme Court ruled that when calculating the regular rate of pay for flat rate bonuses an employer must divide the employee’s total pay (including the bonus) by the employee’s total non-overtime hours worked and multiply … Continue reading

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California Employers May Now Be Required to Allow Employees to Leave Premises During Rest Breaks

  Until recently, the California Labor Commissioner’s Office took the position that employers could require employees to stay on the work premises during ten-minute rest breaks, but they were required to let employees leave the premises during 30-minute meal periods. … Continue reading

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Austin Passes Paid Sick Leave Law

Austin, Texas prides itself on being the Live Music Capital of the World.  Companies with employees in Austin should take note that Austin has a new distinction – the first city in Texas to mandate private employers offer paid sick … Continue reading

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