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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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US SUPREME COURT TO RULE ON NLRA PREEMPTION OF TORT-BASED SUITS
We frequently confront the issue of whether to institute tort-based suits in state or federal court, on behalf of an employer, seeking to recover damages suffered as a result of picketing, strikes and other activities by labor unions. Currently, that issue sits before the U.S. Supreme … Continue reading
Posted in NLRA, NLRB
| Tagged Damages, Garmon, Labor Unions, NLRA, NLRB, Picketing, Preemption, Strikes, Supreme Court
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California End-of-Year Employment Law Wrap Up
It’s that time of year for employers to make their lists and check them twice. While doing so, there are several new employment laws to consider for 2023. The following outlines the major new laws that will affect most employers … Continue reading
Posted in California, Discrimination, EEOC, Handbook, Minimum Wage, Reasonable Accommodation, Sick Leave
| Tagged 2023 Employment Laws, Bereavement Leave, California, CCPA, CFRA, Coronavirus, COVID-19, Covid-19 Notice to Employees, CPRA, Employee Handbook, Employees, Minimum Wage Increase, Pay Data Reporting, Pay Transparency, Reproductive Health, Supplemental Sick Leave
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2023: The Year Pay Transparency Becomes a Much Bigger Deal
The continuing trend of state and local government regulating more aspects of the employment relationship continues, and this time the focus is on pay transparency. These new laws require employers to disclose the pay they offer in job postings. Colorado … Continue reading
Posted in California, Colorado, EEOC, Handbook, Pay, Uncategorized
| Tagged California, Colorado, EEO-1 Reports, Employees, EPEW, Equal Pay For Equal Work, Job Posts, New York, Pay Data Reports, Pay Range, Pay Transparency, Record Keeping, Reporting, Wage & Hour, Washington
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AZ Senate Bill 1403 Imposes New Workers’ Compensation Notice Requirements for Employers
As a result of Arizona Senate Bill 1403, effective September 24, 2022, the Arizona worker’s compensation statute will be amended to add section A.R.S. § 23-1061(N). The new statutory provision applies when an insurance company and/or a self-insuring employer receives … Continue reading
Posted in Arizona
| Tagged Employer Notice, Injured Employee, Notice of Injury, r A.R.S. § 23-1061(A), SB 1403, SOL, Statute of Limitations, Workers' Compensation, Workers' Compensation Claim
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Fair Labor Standards Act Update: Recent Federal Court Decisions Signal Potential Trend Against Requiring Judicial Approval of FLSA Settlements
On August 8, 2022, a Kentucky federal judge granted two stipulated dismissals filed by plaintiffs in a conditionally certified Fair Labor Standards Act (“FLSA”) case—without first reviewing and approving the settlement entered into between the parties. U.S. District Judge Benjamin … Continue reading
Posted in DOL, FLSA, Pay
| Tagged Askew v. Inter-Continental Hotels Corp., Department of Labor, DOL, FLSA, FLSA Settlements, FLSA Update, Judicial Approval, Kentucky FLSA Settlement, Kentucky Wage and Hour Law, settlement, Wage & Hour
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Two More States Enact CROWN Act Laws Prohibiting Discrimination Based on Hair Texture and Style
Louisiana and Massachusetts recently became the latest two states to pass laws on Creating a Respectful and Open World for Natural Hair (CROWN Act). CROWN Act laws generally prohibit discrimination based on hairstyles and hair textures that are associated with … Continue reading
SCOTUS Issues Employers Relief in PAGA Actions
Since 2004, the Private Attorneys General Act (“PAGA”) has been a thorn in the side of employers in the State of California. Indeed, there are approximately 17 PAGA actions filed every day in the state. A PAGA claim allows a … Continue reading
Beware of the Use of Artificial Intelligence Recruitment and Hiring Tools
As the use of artificial intelligence recruitment and hiring tools becomes more prevalent, it is important to remember that such processes are subject to anti-discrimination laws. Employers have an obligation to inspect such tools and processes for bias based on … Continue reading
Posted in Uncategorized
| Tagged ADA, ADEA, Artificial Intelligence, discrimination, Hiring, Recruitment, Title VII
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New Employee Safety Bill May Increase Litigation in California
The California Senate recently pass a bill which, if enacted, would permit employees in California to refuse to report to work when they feel “unsafe.” The bill purports to apply during major natural disasters and states of extreme peril, but … Continue reading
Posted in Uncategorized
| Tagged California, Emergency Condition, Health and Safety, Litigation, Major Natural Disasters, Unsafe
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