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Snell & Wilmer’s Labor and Employment Law Blog provides breaking news and updates on legal issues facing employers.Topics
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OSHA-Reportable Injuries: Not All Employee Hospitalizations Are Created Equal
When it comes to OSHA-reportable fatalities and injuries, there are some important exceptions in the regulation that employers should be aware of. An OSHA-reportable in-patient hospitalization is limited to a formal, in-patient admission to a hospital or clinic for care … Continue reading
The Trend to Adopt Mandatory Employment Arbitration Programs
In recent years, many private sector employers have adopted mandatory arbitration programs for employment disputes, which their employees are required to sign as a condition of employment. Main objectives of those programs are the expeditious resolution of employment disputes and … Continue reading
Posted in Arbitration, NLRA, NLRB
| Tagged Arbitration, Employees, Employment Arbitration Agreements, NLRA, NLRB
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New California Legislation Makes it More Difficult to Classify Workers as Independent Contractors
California Assembly Bill 5 has been branded as the killer of the gig economy. It adds to the California Labor Code a new test for deciding who is properly classified as an independent contractor. Workers will be considered employees for … Continue reading
Posted in California, Independent Contractor, Snell & Wilmer
| Tagged California, Classification, Employees, Independent Contractor
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California’s Deadline for Giving Newly Required Sexual Harassment Prevention Training Was Extended
On August 30, 2019, Governor Gavin Newsom signed SB 778 into law. This bill not only clarifies certain aspects of the expanded sexual harassment prevention training requirements but also, and most importantly for many employers, extends the deadline to January … Continue reading
Posted in California
| Tagged California, Employees, Sexual Harassment, Training
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Immigration Alert: USCIS Says Continue to Use Current Form I-9 Past Expiration
USCIS released a message that employers for now should continue to use the current Form I-9 for employment eligibility verification, even after the expiration date has passed. The current form came into effect on July 17, 2017 and is set … Continue reading
Posted in Hiring, Immigration
| Tagged Employees, Immigration Update, Work Authorization
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Mid-Year Immigration Update—Important Changes Impacting Your Employees
The government’s interpretation and enforcement of this country’s immigration laws and regulations continue to change at a dizzying speed, leaving many employers scrambling to keep their foreign national employees in status and able to continue working for them. This is … Continue reading
Posted in Immigration, Social Media
| Tagged Employees, ICE, Immigration Update, Work Authorization
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Concerted Activity or Mere Griping?
Employees have the right to engage in concerted activities, and employers commit unfair labor practices if they retaliate against employees for engaging in those activities. It is important to understand the concept of concerted activity. In order to find that … Continue reading
“Times They Are [Still] a-Changin'”: The Developing Landscape of Marijuana Legalization in Nevada and What This Means for Nevada Employers
As we reported last year, “Times They Are a-Changin’” . However, given the monumental shift in public perceptions of cannabis, the Nevada legislature has followed suit and has now taken a giant step further into the marijuana morass. As a … Continue reading
Posted in Handbook, Hiring, Nevada, Snell & Wilmer
| Tagged Drug Testing, Employees, Job Applicants, Nevada, Policy
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Paid Parental Leave for Employees? Make Sure This Benefit is Truly Gender Neutral
A recent settlement between the American Civil Liberties Union (“ACLU”) and a national employer highlights the importance of ensuring that paid parental leave benefits provided by employers are not just written in a gender neutral policy, but also administered on … Continue reading
Dynamex Impact on California Businesses – Revisiting Dynamex One Year Later
It has been more than a year since the California Supreme Court issued its landmark decision in Dynamex Operations West, Inc. v. Superior Court of Los Angeles, setting forth a new test for determining whether a worker is properly classified as an … Continue reading
Posted in California, Independent Contractor, Snell & Wilmer
| Tagged California, Employees, Wages
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