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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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EEO-1 Deadline: Reporting Wage Information
Pay data reporting is on the way for employers. This is particularly true as momentum around equal pay continues to build. At the federal level, on September 30, 2019, the EEOC is requiring employers to provide additional employment data on … Continue reading
Posted in EEOC, Federal Contractor, Pay
| Tagged EEO, Reporting Requirements, Title VII
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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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Proposed New FMLA Forms Under Review
The U.S. Department of Labor (the “DOL”) is revising its optional-use notice forms under the Family Medical Leave Act (the “FMLA”). The DOL has reported that the changes are being made to increase compliance with the FMLA, make the forms … Continue reading
Employers May Prohibit Employees From Opting In To Class Actions
Last year, in Epic Systems Corp v. Lewis, the Supreme Court held that employers act lawfully when they require employees, as a condition of employment, to enter into agreements with the employer waiving their rights to pursue employment claims through … Continue reading
Posted in Arbitration, Class Action, NLRB
| Tagged Arbitration, Class Action Waiver, Employment Arbitration Agreements
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Common and Costly Employer Mistake: Not Paying Overtime Premium on Incentive Compensation
Most employers know that the Fair Labor Standards Act (“FLSA”) requires minimum wage and overtime to be paid to employees unless they are exempt. A common mistake, however, is when employers fail to properly factor certain incentive compensation into non-exempt … Continue reading
Intermittent Strikes Are Not Protected
A decision issued last week by the National Labor Relations Board (“NLRB” or “Board”) should be noted by employers facing employee general demands for changes in terms and conditions of employment. The NLRB reaffirmed established law that a series of … Continue reading
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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Scalia Fills Labor Role
Just as businesses were expressing cautious optimism over the interim replacement of Labor Secretary Acosta by veteran GOP operative and business ally Patrick Pizzella, on July 18, 2019 the President announced plans to nominate business attorney Eugene Scalia to fill … Continue reading
Posted in Labor, NLRA, NLRB
| Tagged Labor, Labor Secretary, Pizzella, Scalia, Trump, White House
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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