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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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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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The SEC Expands Enforcement Program Based Upon Standard Corporate Separation Agreements
The contents alone of commonly used, form Separation Agreements, Confidentiality Agreements, and other standard corporate documents can result in significant fines and other penalties imposed by the Securities Exchange Commission (SEC) and other federal enforcement agencies. These agencies take the position … Continue reading
Posted in Confidentiality, Trade Secrets
| Tagged Confidentiality Agreements, SEC, Whistleblower Activity
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Arizona Legislative Assistance in Correctly Classifying Workers as Independent Contractors
Completing and complying with a government supplied “Independent Contractor Certificate” presumptively establishes an independent contractor legal relationship for Arizona state law purposes. See A.R.S. § 23-1601(B). The effect of this Arizona form Independent Contractor Certificate on federal law questions involving … Continue reading
Posted in Arizona, FLSA, Independent Contractor
| Tagged Classification, Declaration, Employees
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Ninth Circuit Invalidates Class Action Waivers Contained in Employment Arbitration Policies
The Ninth Circuit, currently joined by two other federal courts of appeal, has adopted the longstanding position of the National Labor Relations Board (“NLRB”) that class action waivers commonly found in employment arbitration agreements violate the right to engage in … Continue reading
Posted in Class Action, Hiring, NLRB
| Tagged Class Action Waiver, Employment Arbitration Agreements, FAA, NLRA, Protected Concerted Activity
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