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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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New Year, New Restrictions on Non-Compete Agreements
States across the country continue to enact legislation limiting the use of non-compete agreements. The most notable trend is the applicability (or, rather, non-applicability) of non-competition agreements to low-wage earners. As the new year begins, and many of these laws … Continue reading
Posted in Restrictive Covenant, Snell & Wilmer
| Tagged Employees, Non Compete, Non Competition, Non-Competition Agreement
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The DOL Starts 2020 With a Bevy of Opinion Letters
Not sitting on its laurels, the U.S. Department of Labor (DOL) has already issued three new opinion letters to begin the year. Two deal with issues under the FLSA and a third addresses issues under the FMLA. Opinion letter number … Continue reading
Posted in DOL, FLSA, FMLA
| Tagged 2020, Bonus, Consultants, DOL, Exempt, Field Operations Handbook, Opinion Letters, Regular Rate of Pay, Training Program
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New CROWN Laws: Natural Hair and Protective Hairstyles in the Workplace
With the start of the new year, California’s new law prohibiting hair discrimination has taken effect. Although California was the first state to prohibit discrimination on the basis of hair, similar legislation is appearing across the United States. New York and New … Continue reading
Posted in California, Discrimination, Snell & Wilmer
| Tagged California, discrimination, Hair, Proposed Legislation, Race
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New Mexico Employment Law 2019 Review
It’s been a busy year for the New Mexico legislature – especially in the employment space. Check out Benjamin Nucci and Walker Crowson’s Legal Alert here taking a look at six employment bills impacting New Mexico employers.
Posted in Discrimination, Handbook, Minimum Wage, New Mexico, Pay, Sick Leave, Transgender
| Tagged At-Will, Ban the Box, Bill, Marijuana, Medical Marijuana, Michelle Lujan Grisham, Minimum Wage, Paid Sick Leave, Senate Bill, Susana Martinez, Union Security
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Deferral By The NLRB To Grievance/Arbitration Procedures
Overruling 2014 precedent, see Babcock & Wilcox Construction, 361 NLRB 1127 (2014), the National Labor Relations Board (Board), last week in UPS, Inc. 369 NLRB No. 1 (Dec. 23, 2019), returned to the standard that applied from 1984 to 2014 for deferral … Continue reading
Posted in Arbitration, NLRA, NLRB
| Tagged Board, Discharge, Disciplinary Action, Grievance, Olin, Speilberg, Unlawful Discharge
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EEOC Changes Policy on Mandatory Arbitration
This past week, the EEOC withdrew its 1997 policy statement regarding mandatory binding arbitration agreements. In that policy statement, the EEOC took the position that the use of mandatory binding arbitration agreements as a condition of employment were contrary to … Continue reading
Posted in Arbitration, Discrimination, EEOC
| Tagged Circuit City Stores, Concepcion, EEOC charge, Employment Arbitration Agreements, Epic Systems, Lamps Plus, Policy, Public Policy, SCOTUS
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Employers May Require Confidentiality During Ongoing Disciplinary Investigations and Prohibit Use of Company Equipment for Nonbusiness Purposes
Overruling Obama-era precedent, on December 17 the National Labor Relations Board (Board) published two decisions that will significantly affect all employers. For more information, click here.
Posted in Confidentiality, Labor, NLRA, NLRB, Snell & Wilmer
| Tagged NLRA, NLRB, Obama, Protected Concerted Activity, Unions
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Employers May Discontinue Checkoff of Union Dues at Expiration of Union Contract
In a December 16, 2019 decision, the National Labor Relations Board (Board) held that employers’ statutory obligation to checkoff union dues pursuant to their union contracts ends when said contracts expire. Overruling relatively recent precedent, the Board based its decision on … Continue reading
U.S. Department of Labor Issues New Rule Clarifying Exclusions from Overtime Calculation
On December 12, 2019, the U.S. Department of Labor (“DOL”) finalized a new rule that lets employers leave several perks, including tuition benefits, paid leave cash-outs, and some bonuses, out of the formula used to calculate employees’ overtime pay. According … Continue reading
Posted in DOL, FLSA, Pay, Snell & Wilmer
| Tagged Fair Labor Standards Act, Overtime, Wage & Hour
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2019 End of Year Plan Sponsor “To Do” List (Part 4) – Out Now!
Part 4 of Snell & Wilmer’s 2019 End of Year Plan Sponsor “To Do” list, covering executive compensation, is out now. You can find it here.
Posted in Snell & Wilmer
| Tagged Benefits, Employee Benefits, Executive Compensation
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