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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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The Equal Employment Opportunity Commission Changes Its Internal Procedures For Selecting Which Cases To Litigate
At the conclusion of the EEOC’s administrative process, if a discrimination Charge has not otherwise been resolved, the Agency issues an administrative decision finding either merit to the Charge or not. If the Agency concludes that the Charge has merit, … Continue reading
Pregnancy Likely to Be Added to Short List of Required Employment Accommodation
Most federal and state employment discrimination laws prohibit any kind of adverse personnel action based upon any of the enumerated protected categories, e.g., race, sex, national origin, age, etc. Currently, only two federal discrimination laws go further and, not only … Continue reading
Posted in Discrimination, EEOC, Reasonable Accommodation
| Tagged Accommodation, EEOC Guidance, Pregnancy, Pregnant Workers Fairness Act, Reasonable Accommodation
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COVID-19: Employment Squalls Likely to Hit Employers
Many employers have opened for business and now hope for much-needed smooth sailing. As they chart their course for open and calm waters, however, employers would be well-served to keep their spyglasses focused on the horizon’s rough seas. Click here … Continue reading
Posted in ADEA, FLSA, OSHA, Snell & Wilmer
| Tagged Coronavirus, COVID-19, FFCRA, OSHA, Wage & Hour, WARN Act
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Arizona’s Seldom Discussed Statutory Prohibition of Arbitration Agreements Between Employers and Employees
There has been much publicity recently regarding a series of states enacting state statutes intended to restrict or prohibit mandatory arbitration agreements in the employment context. The most recent such endeavor to be highly publicized is California’s A.B. 51, which … Continue reading
Posted in Arbitration, Arizona, California
| Tagged Arbitration, Employment Arbitration Agreements
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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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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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Could a single, nationwide paid sick leave law become a reality and cure a multi-jurisdictional employer’s woes? Maybe.
In light of the ever-growing number of states and local governments mandating paid sick leave requirements for private employers, some federal paid sick leave bills have been proposed. Some proponents have called for federal intervention to alleviate multijurisdictional employers from … Continue reading
Posted in Handbook, Sick Leave
| Tagged DeLauro, ERISA, Flex Time, House of Representatives, HR 1516, HR 2942, HR 4219, Paid Sick Leave, Paid Sick Time, Preemption, SB 337, Senate, State and Local, Subcommittee, the Family and Medical Insurance Leave Act, the Healthy Families Act, the Schdules That Work Act, Workflex in the 21st Century Act
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Supreme Court Blesses Employers’ Use of Class Action Waivers
As previously reported on October 13, 2017, see here, the Federal Courts of Appeal were evenly divided on the question of whether class action waivers contained in otherwise enforceable employment arbitration agreements were permissible. Three Courts of Appeal, i.e., the … Continue reading
Posted in Class Action, NLRA, NLRB
| Tagged Class Action Waiver, Employment Arbitration Agreements, Protected Concerted Activity, SCOTUS, Section 7, Supreme Court
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SCOTUS to Address Current Split Over Enforceability of Class Action Waivers Contained in Mandatory Arbitration Policies
Many employers have implemented mandatory arbitration policies requiring that all employment related disputes be resolved through final and binding arbitration rather than in traditional court proceedings. In addition to these potential benefits, many employers have added class action waivers to their … Continue reading
Posted in Class Action, NLRA, NLRB
| Tagged Arbitration, Class Action Waiver, Employment Arbitration Agreements, Protected Concerted Activity, Section 7
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Does Your Federal Contractor Paid Sick Leave Policy Comply with Prop. 206?
Companies that entered into qualifying federal contracts since January 1, 2017 are required to have a sick leave policy, or an equivalent paid time off policy, that complies with federal Executive Order 13706. That Executive Order requires, among other things, … Continue reading
Posted in Arizona, Federal Contractor, Sick Leave
| Tagged Executive Order, Paid Time Off, Prop. 206
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