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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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Can Companies Use the Outside Sales Exemption During a Pandemic?
COVID-19 has altered the way nearly every employee performs their work. Videoconferencing and phone calls have largely replaced in-person visits and face-to-face meetings in many workplaces. By extension, many sales employees who used to visit customers in person now do … Continue reading
Posted in California, DOL, FLSA, Snell & Wilmer
| Tagged California, Coronavirus, COVID-19, DOL, Fair Labor Standards Act, Outside Sales Exemption
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President Trump’s Four Executive Actions Extend Certain Coronavirus Relief Programs, but Create Legal Uncertainty
On August 8, 2020, President Trump issued four executive actions–one executive order and three Presidential Memoranda–aimed at extending various coronavirus relief programs that have already expired, or are set to expire, in the absence of congressional action. These executive actions … Continue reading
A Roadmap to Reopening or Resuming Business in the Midst of a Pandemic
As businesses begin to contemplate reopening, what will be the expected norms for employees, vendors, customers, and visitors? Click here for more information.
The NLRB Just Made It Harder To Lasso Franchisors And Affiliated Businesses For The Alleged Sins Of Their Compatriots
In 2015, the NLRB adopted a more relaxed standard for determining when an entity could be considered a joint employer and thus liable for alleged workplace wrongs along with a direct employer. Of course the result of the loosening of … Continue reading
Posted in NLRA, NLRB
| Tagged Joint Employer Status, Joint Employers, NLRA, NLRB
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The DOL Starts 2020 With a Bevy of Opinion Letters
Not sitting on its laurels, the U.S. Department of Labor (DOL) has already issued three new opinion letters to begin the year. Two deal with issues under the FLSA and a third addresses issues under the FMLA. Opinion letter number … Continue reading
Posted in DOL, FLSA, FMLA
| Tagged 2020, Bonus, Consultants, DOL, Exempt, Field Operations Handbook, Opinion Letters, Regular Rate of Pay, Training Program
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Transportation Workers Get a Green Light to Ignore Arbitration Agreements for Wage Claims
The California Court of Appeal in Nieto v Fresno Beverage Company took the position that a driver who delivered beverages solely within the state of California was nonetheless a “transportation worker” who was exempt from the Federal Arbitration Act (“FAA”) … Continue reading
Posted in Arbitration, California, Class Action
| Tagged California Court of Appeal, California Labor Code, Class Action Waiver, FAA, Federal Arbitration Act, Nieto, Section 229
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California Construction Industry, Are They The Next Ripe Target For Private Attorney General Act Claims? Hint-The Answer Is Yes.
In January, California ushered in a new law designed to strengthen wage protections for employees who work under private construction contracts. The law makes all “direct contractors” potentially liable for wages incurred by an employee of any subcontractor-at any tier. … Continue reading
Posted in California, Pay
| Tagged California, California Labor Office, California Supreme Court, Construction, Contracts, Labor Code Violation, PAGA, Private Attorney General Act, Rest Break
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To Disclose or Not to Disclose, That Will Be the Question
Whether it be a Hollywood mogul, a renowned politician or a formerly respected executive, it is clear from the Me Too and Time’s Up movements that the voices against and stands taken to uncover and prevent sexual harassment have a … Continue reading
Posted in Discrimination
| Tagged #metoo, Litigation, Nondisclosure, Sexual Abuse, Sexual Harassment, Tax, Tax Deduction
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California Employers Must Pay Commissioned Employees Separate Rest Break Pay
In California, employers are required to provide non-exempt employees with a ten minute paid rest break for every four hours worked or major portion of four hours worked (defined as anything more than two hours). A California appellate court ruled … Continue reading
Posted in California, Sick Leave
| Tagged California, Commissions, Paid Breaks, Rest Break
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