Employers May Prohibit Employees From Opting In To Class Actions

Last year, in Epic Systems Corp v. Lewis, the Supreme Court held that employers act lawfully when they require employees, as a condition of employment, to enter into agreements with the employer waiving their rights to pursue employment claims through … Continue reading

Posted in Arbitration, Class Action, NLRB | Tagged , ,

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Common and Costly Employer Mistake: Not Paying Overtime Premium on Incentive Compensation

Most employers know that the Fair Labor Standards Act (“FLSA”) requires minimum wage and overtime to be paid to employees unless they are exempt. A common mistake, however, is when employers fail to properly factor certain incentive compensation into non-exempt … Continue reading

Posted in DOL, FLSA | Tagged , ,

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Intermittent Strikes Are Not Protected

A decision issued last week by the National Labor Relations Board (“NLRB” or “Board”) should be noted by employers facing employee general demands for changes in terms and conditions of employment. The NLRB  reaffirmed established law that a series of … Continue reading

Posted in Labor, NLRB, Unions | Tagged , , ,

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Mid-Year Immigration Update—Important Changes Impacting Your Employees

The government’s interpretation  and enforcement of this country’s immigration laws and regulations continue to change at a dizzying speed, leaving many employers scrambling to keep their foreign national employees in status and able to continue working for them. This is … Continue reading

Posted in Immigration, Social Media | Tagged , , ,

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Scalia Fills Labor Role

Just as businesses were expressing cautious optimism over the interim replacement of Labor Secretary Acosta by veteran GOP operative and business ally Patrick Pizzella,  on July 18, 2019 the President announced plans to nominate business attorney Eugene Scalia to fill … Continue reading

Posted in Labor, NLRA, NLRB | Tagged , , , , ,

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Concerted Activity or Mere Griping?

Employees have the right to engage in concerted activities, and employers commit unfair labor practices if they retaliate against employees for engaging in those activities. It is important to understand the concept of concerted activity. In order to find that … Continue reading

Posted in Labor, NLRA, NLRB | Tagged , , ,

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The Customer is Not Always Right: Sex Museums and Harassment

New York City’s Museum of Sex (“the Museum”) is facing a lawsuit from a former employee who alleges that the Museum failed to protect her from sexual harassment by her co-workers and the Museum’s patrons.  The plaintiff’s complaint alleges that … Continue reading

Posted in Discrimination, EEOC, Uncategorized | Tagged , , , , , , , ,

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Revival of Bag Check Suit Suggests Employers Must Pay Employees for Time Spent Undergoing Exit Inspections

Last week, the Ninth Circuit Court of Appeals revived two previously dismissed cases against California employers that claimed that the employers failed to pay workers for time spent undergoing bag inspections before leaving work each day. The Ninth Circuit’s decisions … Continue reading

Posted in California, FLSA, Pay | Tagged , ,

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The July 2019 Snell & Wilmer “Under Construction” Newsletter Out

The summer edition of Snell & Wilmer’s Under Construction newsletter has been published. See here. The Labor and Employment team contributed to this issue. Mark Morris provides a recent update on Utah construction and negligence law, and John Lomax, Swen … Continue reading

Posted in Arizona, Nevada, Snell & Wilmer, Utah | Tagged , , ,

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“Times They Are [Still] a-Changin'”: The Developing Landscape of Marijuana Legalization in Nevada and What This Means for Nevada Employers

As we reported last year, “Times They Are a-Changin’” . However, given the monumental shift in public perceptions of cannabis, the Nevada legislature has followed suit and has now taken a giant step further into the marijuana morass. As a … Continue reading

Posted in Handbook, Hiring, Nevada, Snell & Wilmer | Tagged , , , ,

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