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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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The April 2019 Snell & Wilmer “Under Construction” Newsletter Out
The spring edition of Snell & Wilmer’s Under Construction newsletter has been published. See here. The Labor and Employment team contributed to this issue. Walker Crowson provides a useful overview of New Mexico’s construction law. While Jerry Morales addresses picketing threats which … Continue reading
Posted in New Mexico, NLRA, NLRB, Unions
| Tagged Construction Law, Construction Projects, Picketing, Under Construction
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Supreme Court to Consider Whether Title VII Covers LGBT Bias
On Monday, April 22nd, the U.S. Supreme Court said that it will hear three cases that turn on whether existing civil rights bans on discrimination in the workplace under Title VII of the Civil Rights Act of 1964 include discrimination … Continue reading
Posted in Discrimination, EEOC, Transgender
| Tagged California, Colorado, Gender, Gender Dysphoria, Gender Identity, LGBT, Nevada, Sex Discrimination, Sexual Orientation, Title VII, Utah
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UPDATE: Does Your Employee Handbook Have a Lactation Accommodation Policy? (And Are You Abiding By It?)
Recently, a federal jury awarded a City of Tucson Fire Department paramedic $3.8 million after it found that the department violated the Fair Labor Standards Act (“FLSA”) and Title VII of the Civil Rights Act of 1964 (“Title VII”) when … Continue reading
Posted in Discrimination, DOL, FLSA, FMLA, Handbook
| Tagged District of Arizona, Employees, Fair Labor Standards Act, Lactation Accommodation, Nursing Mothers, Wage & Hour
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The EEOC Releases Enforcement and Litigation Data for Fiscal Year 2018
Yesterday, the United States Equal Employment Opportunity Commission (“EEOC”) released its Enforcement and Litigation Data for Fiscal Year (“FY”) 2018, which began October 1, 2017 and ended September 30, 2018. According to the data, the EEOC received 76,418 charges of … Continue reading
Posted in Discrimination, EEOC
| Tagged #metoo, discrimination, EEOC charge, Retaliation, Sexual Harassment, Title VII
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Immigration Update: USCIS reaches FY 2020 H-1B Visa Cap
On April 5, 2019, USCIS 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 2020. The agency will reject and return filing fees for all unselected cap-subject petitions that … Continue reading
EEOC Sets Deadline of Sep. 30 for Employers To Submit Pay Data
The Equal Employment Opportunity Commission (EEOC) has just announced that it will require employers who file EEO-1 reports (typically employers with at least 100 employees and federal contractors with 50 or more employees and at least $50,000 in contracts) to … Continue reading
Posted in EEOC, Pay
| Tagged Chutkan, District of Columbia, EEO, EEO-1, EEOC Guidance, Equal Pay, Obama, Pay Data, Reporting, Reporting Requirements, Trump
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Transportation Workers Get a Green Light to Ignore Arbitration Agreements for Wage Claims
The California Court of Appeal in Nieto v Fresno Beverage Company took the position that a driver who delivered beverages solely within the state of California was nonetheless a “transportation worker” who was exempt from the Federal Arbitration Act (“FAA”) … Continue reading
Posted in Arbitration, California, Class Action
| Tagged California Court of Appeal, California Labor Code, Class Action Waiver, FAA, Federal Arbitration Act, Nieto, Section 229
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Employment Handbooks and Confidentiality
Employers frequently ask if they can maintain rules requiring employees to keep the contents of their employment handbooks confidential. In a recent memorandum, the General Counsel (GC) (Division of Advice) of the National Labor Relations Board (NLRB) concludes that such rules … Continue reading
Posted in Confidentiality, Handbook, NLRA, NLRB
| Tagged Division of Advice, GC, Handbook, Manual, Memorandum, Policy, Restrictions
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Union Dues Checkoff: Update from NLRB
A recent Memorandum issued by the General Counsel (GC) of the National Labor Relations Board (NLRB) (GC 19-04, February 22, 2019), discusses issues of importance to all employers and in particular to employers that have union contracts that provide for … Continue reading
Posted in NLRA, NLRB, Pay, Unions
| Tagged Checkoff, Checkoff Authorization, Dues Deduction, GC 19-04, Memo, Memorandum, Region 28, Union Dues
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U.S. Department of Labor Proposes New Salary Threshold Rule
On March 7, 2019, the U.S. Department of Labor (DOL) released its long-awaited Notice of Proposed Rulemaking (NPRM) to update the minimum salary threshold under the Fair Labor Standards Act – an update that would make approximately a million more … Continue reading
Posted in DOL, FLSA, Pay
| Tagged Eastern District of Texas, Fifth Circuit, Notice, Notice of Proposed Rulemaking, Obama, Overtime, U.S. District Court, USDOL
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