Parental Leave – It’s Not Just a Women’s Issue

A complaint filed in Massachusetts federal court earlier this week highlights a blind spot for many employers. When thinking about parental leave issues, employers often focus on their women. But men have the same rights as women when it comes … Continue reading

Posted in FMLA, Snell & Wilmer, Title VII | Tagged , , , ,

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Federal Equal Employment Opportunity Law – Recent Developments

2020 brought employment law practitioners several federal court decisions that proved to be interesting, instructive and, at times, entertaining. Some decisions were victories for employees, and others were victories for employers. No matter the outcome, however, all the opinions continue … Continue reading

Posted in Discrimination, Pay, Snell & Wilmer | Tagged , , , ,

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Can Companies Use the Outside Sales Exemption During a Pandemic?

COVID-19 has altered the way nearly every employee performs their work. Videoconferencing and phone calls have largely replaced in-person visits and face-to-face meetings in many workplaces. By extension, many sales employees who used to visit customers in person now do … Continue reading

Posted in California, DOL, FLSA, Snell & Wilmer | Tagged , , , , ,

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Show Them the Money: Colorado’s New Equal Pay Law

Colorado’s Equal Pay for Equal Work Act (the “Act”) goes into effect January 1, 2021. To implement the Act, the Colorado Department of Labor and Employment recently adopted the Equal Pay Transparency (“EPT”) Rules. Here, we summarize certain notable features of … Continue reading

Posted in Colorado, Hiring, Pay, Snell & Wilmer | Tagged , ,

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Cal-OSHA Emergency COVID-19 Regulation

On Thursday, November 19, 2020, the California Occupational Safety and Health Standards Board unanimously passed an emergency Cal-OSHA regulation. The final draft was sent to the Office of Administrative Law (“OAL”) on November 20, 2020. OAL will have 10 days … Continue reading

Posted in California, OSHA, Snell & Wilmer | Tagged , , ,

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Mail or In-Person Voting? The NLRB Issues Guidance on Representation Elections During the COVID-19 Pandemic

As with many other facets of life, the COVID-19 pandemic is impacting how the National Labor Relations Board (NLRB) handles representation cases. This week, in Aspirus Keweenaw & Michigan Nurses Ass’n, Petitioner, 370 NLRB No. 45 (2020), the NLRB adopted a … Continue reading

Posted in Labor, NLRB, Snell & Wilmer | Tagged , , , ,

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Voting Rights – Key Questions for Employers

Movie stars, musicians and athletes are popping up everywhere urging Americans to vote. Your employees are getting the message. So, what happens if an employee asks to take time off of work to vote? Do you have to grant the … Continue reading

Posted in Arizona, California, Nevada, Snell & Wilmer, Utah | Tagged , , ,

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CDC’s New Definition of “Close Contact” May Affect Workplace COVID-19 Response

Most employers are now familiar with pandemic-related terms such as quarantine, isolation, and social distancing, and by now you may have a response plan that incorporates those and other concepts for addressing COVID-19 in the workplace—if you don’t, then now … Continue reading

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EEOC Issues Proposed Rule to No Longer Keep Employers in the Dark as to Cause Finding and Conciliation Demand

Employers who have been frustrated over the years by the Equal Employment Opportunity Commission (EEOC)’s oft-employed tactic of keeping its factual evidence close to the vest, even after a cause finding as to a charge and/or during conciliation efforts, may … Continue reading

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There May Be Some Good News Coming to Companies Using Independent Contractors – At Least Under Federal Law

While states like California continue to make it tougher for companies to properly classify workers as independent contractors by adopting the ABC test, on September 25, 2020, the U.S. Department of Labor issued a notice of proposed rulemaking seeking to … Continue reading

Posted in DOL, FLSA, Independent Contractor | Tagged , , ,

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