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 , , , , ,

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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 , , , ,

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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 , , ,

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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 , , , , , , , , , ,

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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 , , ,

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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 , , ,

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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 , ,

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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 , ,

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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

Posted in NLRA, NLRB, Unions | Tagged ,

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