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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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California End-of-Year Employment Law Wrap Up
It’s that time of year for employers to make their lists and check them twice. While doing so, there are several new employment laws to consider for 2023. The following outlines the major new laws that will affect most employers … Continue reading
Posted in California, Discrimination, EEOC, Handbook, Minimum Wage, Reasonable Accommodation, Sick Leave
| Tagged 2023 Employment Laws, Bereavement Leave, California, CCPA, CFRA, Coronavirus, COVID-19, Covid-19 Notice to Employees, CPRA, Employee Handbook, Employees, Minimum Wage Increase, Pay Data Reporting, Pay Transparency, Reproductive Health, Supplemental Sick Leave
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Beware of the Use of Artificial Intelligence Recruitment and Hiring Tools
As the use of artificial intelligence recruitment and hiring tools becomes more prevalent, it is important to remember that such processes are subject to anti-discrimination laws. Employers have an obligation to inspect such tools and processes for bias based on … Continue reading
Posted in Uncategorized
| Tagged ADA, ADEA, Artificial Intelligence, discrimination, Hiring, Recruitment, Title VII
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The New Reality: The Remote Workplace Is Here—Maybe Permanently!
A recent survey conducted by the Society of Human Resource Managers revealed that one of the top employment issues businesses face today is how best to train supervisors to effectively manage a remote workforce. Close behind supervisory training is the … Continue reading
There May Be Some Good News Coming to Companies Using Independent Contractors – At Least Under Federal Law
While states like California continue to make it tougher for companies to properly classify workers as independent contractors by adopting the ABC test, on September 25, 2020, the U.S. Department of Labor issued a notice of proposed rulemaking seeking to … Continue reading
Posted in DOL, FLSA, Independent Contractor
| Tagged DOL, Economic Realities Test, Fair Labor Standards Act, Independent Contractor
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The California Supreme Court Is To Decide the Retroactive Application of the Dynamex Independent Contractor Decision
On November 20, 2019, the California Supreme Court finally agreed to take up the question of whether the landmark Dynamex independent contractor decision applies retroactively. In April 2018, the California Supreme Court adopted the “ABC” test for determining whether a … Continue reading
Posted in California, Independent Contractor
| Tagged California, Classification, Independent Contractor, Wage & Hour
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A New Law Passed Raising the Standard for Classifying Workers as Independent Contractors in California
Since April 30, 2018, when the landmark California Supreme Court decision in Dynamex Operations West, Inc. v. Sup. Ct. (2018) 4 Cal.5th 903 (Dynamex) was issued, companies across the state have questioned whether the ABC independent contractor test adopted in that decision … Continue reading
Posted in California, Independent Contractor, Snell & Wilmer
| Tagged California, Classification, Employee Benefits, ERISA
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California’s Deadline for Giving Newly Required Sexual Harassment Prevention Training Was Extended
On August 30, 2019, Governor Gavin Newsom signed SB 778 into law. This bill not only clarifies certain aspects of the expanded sexual harassment prevention training requirements but also, and most importantly for many employers, extends the deadline to January … Continue reading
Posted in California
| Tagged California, Employees, Sexual Harassment, Training
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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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Supreme Court to Consider Whether Title VII Covers LGBT Bias
On Monday, April 22nd, the U.S. Supreme Court said that it will hear three cases that turn on whether existing civil rights bans on discrimination in the workplace under Title VII of the Civil Rights Act of 1964 include discrimination … Continue reading
Posted in Discrimination, EEOC, Transgender
| Tagged California, Colorado, Gender, Gender Dysphoria, Gender Identity, LGBT, Nevada, Sex Discrimination, Sexual Orientation, Title VII, Utah
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Might There Be an End in Sight to the Private Attorney General Act?
On November 28, 2018, a newly created association representing California-based employers called the California Business & Industrial Alliance filed a complaint for injunctive and declaratory relief against the California Attorney General seeking to enjoin the enforcement of the Private Attorney … Continue reading
Posted in California
| Tagged California, California Business & Industrial Alliance, Employees, Private Attorney General Act
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