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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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“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 Drug Testing, Employees, Job Applicants, Nevada, Policy
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Employers May Prohibit Non-Employees From Organizing On The Employers’ Property
On Friday, June 14, 2019, the National Labor Relations Board (“NLRB” or “Board”) issued a decision of significance to employers. In particular, the NLRB decision affects employers, such as hospitals and hotels, that have areas of their property open to … Continue reading
Paid Parental Leave for Employees? Make Sure This Benefit is Truly Gender Neutral
A recent settlement between the American Civil Liberties Union (“ACLU”) and a national employer highlights the importance of ensuring that paid parental leave benefits provided by employers are not just written in a gender neutral policy, but also administered on … Continue reading
Fort Bend County v. Davis: SCOTUS Bends Employers’ Defense to Title VII Claims, But Doesn’t Break It
On June 3, 2019, the United States Supreme Court (“Supreme Court”) unanimously held in Fort Bend County v. Davis that federal courts may be able to hear claims brought under Title VII of the Civil Rights Act of 1964 (“Title VII”) without … Continue reading
Posted in EEOC, Snell & Wilmer
| Tagged EEOC charge, SCOTUS, Supreme Court, Title VII
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Dynamex Impact on California Businesses – Revisiting Dynamex One Year Later
It has been more than a year since the California Supreme Court issued its landmark decision in Dynamex Operations West, Inc. v. Superior Court of Los Angeles, setting forth a new test for determining whether a worker is properly classified as an … Continue reading
Posted in California, Independent Contractor, Snell & Wilmer
| Tagged California, Employees, Wages
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Wall Street Journal Notes Growing Clouds Over Restrictive Covenants
Harriett Torrey of the Wall Street Journal wrote on Monday of this week that there is a growing backlash against employers getting in the way of workers quitting jobs for better offers and to secure a better living. There are … Continue reading
Posted in Confidentiality, Restrictive Covenant
| Tagged California, Hawaii, New Hampshire, Non Compete, Non Competition, Non-Competition Agreement, Non-Solicitation Agreement, Oklahoma, Restrictions, Utah, Wall Street Journal, WSJ
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New Mexico: Bernalillo County Proposes Paid Sick Time Ordinance
On May 14, 2019, the Bernalillo County Commission introduced a paid sick leave ordinance for Bernalillo County, New Mexico. Bernalillo County is the most populous county in New Mexico, covering Albuquerque. A copy of the ordinance is available here. Among other … Continue reading
Posted in New Mexico, Sick Leave
| Tagged Albuquerque, Bernalillo County, Paid Sick Leave, Paid Sick Time
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UPDATE: Employers Must File EEO-1 Reports for 2017 and 2018
The EEOC announced last week that employers must file their EEO-1 Component 2 data for calendar years 2017 and 2018 by September 30. The wage data must be broken down by race, sex, and ethnicity. The EEO-1 survey can be found … Continue reading
Posted in EEOC, Pay
| Tagged Chutkan, EEO-1, EEOC Guidance, Equal Pay, Obama, Pay Data, Reporting, Reporting Requirements
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Dynamex Applied Retroactively By The Ninth Circuit
Two days after the one year anniversary of the California Supreme Court’s Dynamex decision, the Ninth Circuit issued a blow to companies in California. On May 2, 2019, the Ninth Circuit in Vazquez v. Jan-Pro Franchising International, Inc. held that … Continue reading
Posted in California, Independent Contractor
| Tagged California, Employees, Independent Contractor, Ninth Circuit
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United States Supreme Court Continues Its Trend of Enforcing Individual Employment Arbitration Agreements
Approximately one year ago, the United States Supreme Court issued its landmark decision in Epic Systems v. Lewis, 548 U.S. ___ (2018), holding that class action waivers contained in arbitration agreements, including agreements between employers and their employees, are permissible … Continue reading
Posted in Arbitration, Class Action
| Tagged Class Action Waiver, Employment Arbitration Agreements, Epic Systems, Ernst & Young LLP, Lamps Plus, Lewis, Morris, Murphy Oil, Ninth Circuit, NLRB, SCOTUS, Section 7, Supreme Court, Wage & Hour
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