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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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Does Your Employee Handbook Have a Lactation Accommodation Policy?
Many employers are familiar with break and meal period requirements applicable to their organization under state and federal law. Often overlooked, however, is an employer’s responsibilities toward nursing mothers. We take a look at some of the requirements employers should be aware … Continue reading
Posted in DOL, FLSA, Handbook
| Tagged Employees, Fair Labor Standards Act, Lactation Accommodation, Nursing Mothers, Rest Break, Wage & Hour
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Employee Non-Solicitation Agreements Are Shot Down Once Again in California
In November 2018, the California Court of Appeal in AMN Healthcare v. Aya Healthcare Services Inc. called into question the validity of employee non-solicitation agreements that prevent employees from soliciting and encouraging their former colleagues to come join them at … Continue reading
Posted in California, Hiring, Restrictive Covenant, Trade Secrets
| Tagged California Court of Appeal, Covenant, Non Compete, Non Competition, Non-Solicitation Agreement
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Fair Credit Reporting Act Update: Employers Within the Ninth Circuit Are Required to Provide a “Stand-alone” Background Check Disclosure Form – Yes, Literally
On January 29, 2019, the Ninth Circuit Court of Appeals held that a prospective employer does not satisfy the Fair Credit Reporting Act’s (“FCRA”) stand-alone disclosure requirement when it provides job applicants with a disclosure that also contains various state … Continue reading
Posted in Arizona, California
| Tagged Background Check, Consumer Reporting Agencies, Fair Credit Reporting Act, Ninth Circuit
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Q1 2019 Workplace Word – Out Now!
The first edition of the Workplace Word for 2019 has been published! In this edition, we take a look at three critical issues for employers during the hiring process – Form I-9 Compliance; Disability Inclusion and ADA Compliance; and What Not … Continue reading
Posted in ADA, Discrimination, Hiring, Immigration, Snell & Wilmer
| Tagged ADAAA, Disability, Form I-9, Hiring and Firing, Hiring Process, ICE, Interactive Process, Interview, Reasonable Accommodation, Work Authorization, Work Visa
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In Case You Missed It . . .
Happy New Year from Snell & Wilmer’s Labor and Employment Blog! In case you missed them, here are some of the highlights from 2018: Employment Do you have a “100 percent healed” policy? You may reconsider it after reading this. … Continue reading
Posted in ADA, Arbitration, Immigration, Labor, OSHA
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Winter Edition Of “Under Construction” Newsletter Published!
The winter edition of Snell & Wilmer’s “Under Construction” newsletter is out now. This issue takes a looks at: The importance of reviewing all of the contract documents or templates you may have to evaluate whether they need to be … Continue reading
Posted in Arizona, California, DOL, OSHA
| Tagged ADOSH, Cal-OSHA, Construction, OSHA
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2019 Legislative Changes for California Severance and Settlement Agreements
Employers often find themselves in a bind – they need to let an employee go quickly and they want the employee to sign a release of all claims, so they dust off the severance agreement they used last time around, … Continue reading
Posted in California
| Tagged California, Employees, Settlement Agreement, Severance
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Check Your Arbitration Agreements: The Supreme Court Handed Workers A Big Win
In a unanimous opinion, with Justice Ginsburg concurring, the U.S. Supreme Court held that an exemption under the Federal Arbitration Act (“FAA”) applies to contracts with independent contractors. The FAA generally requires courts to enforce private arbitration agreements. But the … Continue reading
Posted in Arbitration, Class Action, Independent Contractor
| Tagged Arbitration, Employment Arbitration Agreements, SCOTUS
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H-1B Employment Visa Lottery for 2019!
On April 1, 2019, U.S. Citizenship and Immigration Services (USCIS) will start accepting H-1B visa petitions for the next fiscal year with a start date of October 1, 2019. The H-1B program allows companies in the United States to temporarily … Continue reading
Posted in Hiring, Immigration
| Tagged Employees, Immigration Update, Work Authorization
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Picketing Threats
Letters from unions to owners, general contractors, and other contractors informing them of the union’s dispute with one or more of the subcontractors, working at a common construction project site (or common situs), and of the union’s plans to engage … Continue reading