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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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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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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 ADAAA, Disability, Form I-9, Hiring and Firing, Hiring Process, ICE, Interactive Process, Interview, Reasonable Accommodation, Work Authorization, Work Visa
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Can California Payroll Companies Be Held Liable for Wage Statement Claims?
California law provides that a payroll service provider cannot be held liable for labor code violations – but, a California appeals court recently held that employees may pursue tort claims against payroll service providers under a theory that the payroll … Continue reading
Posted in California, Labor, Pay
| Tagged California, Employees, Litigation, Wages
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Ring the Bell! Snell & Wilmer’s Labor and Employment Group Is Recognized in 2019 “Best Law Firms”
The U.S. News Media Group and Best Lawyers® issued a 2019 edition of “Best Law Firms,” ranking law firms and practice groups on national and metropolitan tiers. Rankings are based on a number of factors, including evaluations by clients, lawyers, … Continue reading
Posted in Snell & Wilmer
| Tagged Best Law Firms, Employment Law, Labor & Employment, Labor Law, Litigation, Management
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Back-peddling on Who Is the Employer: The NLRB Proposes a Revision to the Joint Employer Standard
In a 2015 controversial decision, the National Labor Relations Board (“NLRB”) ruled that, for purposes of federal labor law violations, a business may be deemed a joint employer of another company’s employees if the business had “indirect” control over those … Continue reading
Posted in NLRB, Uncategorized
| Tagged Joint Employer Status, Joint Employers, NLRB
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Every Minute Counts: Supreme Court Rules Employers Cannot “Skim” Minutes
On Thursday, the California Supreme Court held the federal Fair Labor Standards Act de minimis rule, which limits suits over small increments of unpaid time upon a showing that the bits of time are administratively difficult to record, does not … Continue reading
Posted in California, Class Action, FLSA, Pay
| Tagged California Labor Office, California Wage Order, De Minimus, Off The Clock, Rule, Shift, Skim Time, Unpaid Time, Wages
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Court Embraces Worker-Friendly Test for Determining Independent Contractor Status Under California Wage Orders, Broadening Definition of “Employee”
On Monday, the California Supreme Court ruled in a unanimous decision to reject 30-year old precedent which focused the inquiry on the amount of control the company exercises over the worker, embracing a new test for determining whether a worker … Continue reading
Posted in California, Independent Contractor, Pay
| Tagged California Supreme Court, Classification, Misclassification
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Employers Cannot Use Salary History to Defend Against Equal Pay Claims
On April 9, 2018, the Ninth Circuit ruled en banc that an employee’s prior salary does not constitute a “factor other than sex” to justify wage disparities between male and female employees. “Other than sex” factors is limited to legitimate, … Continue reading
Posted in Discrimination, Pay
| Tagged Equal Pay, Equal Pay Act of 1963, Ninth Circuit, Salary, Salary History, Wage & Hour, Wage Discrimination, Wage Gap, Wages
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