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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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No Crystal Ball for the ADA: Future Disabilities Not Protected Under Act
On October 29, 2019, a panel of Seventh Circuit Appellate Court Judges held that the Americans with Disabilities Act (ADA) does not cover alleged discrimination based on future impairments. Shell v. Burlington N. Santa Fe Ry. Co., No. 19-1030, 2019 WL … Continue reading
Posted in ADA, Discrimination, Snell & Wilmer
| Tagged ADAAA, Disability, Seventh Circuit
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Utah Affirms Again – Implied Covenants, Even Good Faith and Fair Dealing, Do Not Trump Express Covenants
On October 29, 2019, the Utah Supreme Court issued a rare decision reversing the Utah Court of Appeals. At issue was whether an at-will salesperson who had completed six contracts for sale of television services, and who was terminated before … Continue reading
Posted in Utah
| Tagged Commissions, Covenant, good faith and fair dealing, implied covenant, salesperson, Utah
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2019 End of Year Plan Sponsor “To Do” List (Part 1) Health & Welfare – Out Now!
Part 1 of Snell & Wilmer’s 2019 End of Year Plan Sponsor “To Do” List, covering health and welfare plan issues, is out now! You can access the full newsletter here.
OSHA-Reportable Injuries: Not All Employee Hospitalizations Are Created Equal
When it comes to OSHA-reportable fatalities and injuries, there are some important exceptions in the regulation that employers should be aware of. An OSHA-reportable in-patient hospitalization is limited to a formal, in-patient admission to a hospital or clinic for care … Continue reading
Fall 2019 Under Construction Newsletter – Out Now!
The fall edition of Snell & Wilmer’s Under Construction newsletter is out now! This issue takes a look at: Does an employer have to compensate an employee who gets injured on the way to work, even if it’s not on … Continue reading
Posted in California, Independent Contractor, NLRB
| Tagged ABC Test, Colorado, Dynamex, Registrar of Contractors, Under Construction
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EEO-1 Deadline Extended
Recently, the U.S. Equal Employment Opportunity Commission (“EEOC”) announced that it is extending indefinitely the September 30, 2019 deadline for eligible employers to submit their EEO-1 Component 2 reports. For more information on the Component 2 requirement, click here. In … Continue reading
A New Law Passed Raising the Standard for Classifying Workers as Independent Contractors in California
Since April 30, 2018, when the landmark California Supreme Court decision in Dynamex Operations West, Inc. v. Sup. Ct. (2018) 4 Cal.5th 903 (Dynamex) was issued, companies across the state have questioned whether the ABC independent contractor test adopted in that decision … Continue reading
Posted in California, Independent Contractor, Snell & Wilmer
| Tagged California, Classification, Employee Benefits, ERISA
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UPDATE: Scalia Fills Labor Role
On September 26, 2019, the Senate confirmed labor and employment attorney Eugene Scalia for Labor Secretary, in a 53-44 vote that was divided along party lines. Scalia served as the Labor Department’s chief legal officer from 2002-2003, before entering private … Continue reading
Posted in DOL, FLSA, Labor, Snell & Wilmer
| Tagged Fair Labor Standards Act, Labor, Trump, USDOL
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U.S. Department of Labor Issues Final Salary Threshold Rule, Effective January 1, 2020
On September 24, 2019, the U.S. Department of Labor (DOL) announced a final rule to make an estimated 1.3 million American workers eligible for overtime pay under the Fair Labor Standards Act (FLSA). Check out Snell & Wilmer’s legal alert … Continue reading
Posted in DOL, FLSA, Pay
| Tagged Final Rule, Highly Compensated Employees, Overtime, Salary, US Department of Labor
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The Trend to Adopt Mandatory Employment Arbitration Programs
In recent years, many private sector employers have adopted mandatory arbitration programs for employment disputes, which their employees are required to sign as a condition of employment. Main objectives of those programs are the expeditious resolution of employment disputes and … Continue reading
Posted in Arbitration, NLRA, NLRB
| Tagged Arbitration, Employees, Employment Arbitration Agreements, NLRA, NLRB
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