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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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Two More States Enact CROWN Act Laws Prohibiting Discrimination Based on Hair Texture and Style
Louisiana and Massachusetts recently became the latest two states to pass laws on Creating a Respectful and Open World for Natural Hair (CROWN Act). CROWN Act laws generally prohibit discrimination based on hairstyles and hair textures that are associated with … Continue reading
Sixth Circuit Wins ETS Lottery and OSHA Suspends ETS-Related Activities
Yesterday, November 16, the U.S. Judicial Panel on Multidistrict Litigation (the “Panel”) held a lottery to select the federal appeals court to address the 34 petitions seeking review of the COVID-19 Vaccination and Testing Emergency Temporary Standard (“ETS”). Since the ETS … Continue reading
OSHA’s Vaccination and Testing ETS Suspended
On Friday, November 5, Snell & Wilmer published a Legal Alert and blog regarding the provisions and effective dates of the federal OSHA Vaccination and Testing Emergency Temporary Standard (‘ETS”). We noted that legal actions objecting to the enactment and enforcement of … Continue reading
Posted in Uncategorized
| Tagged COVID-19, COVID-19 Testing, COVID-19 Vaccination, COVID-19 Vaccination and Testing, Emergency Temporary Standard, ETS, OSHA
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COVID-19 Vaccination and Testing ETS
Almost two months after President Biden’s announcement of his administration’s mandatory vaccination plan, yesterday, November 4, 2021, the federal Occupational Safety and Health Administration (“OSHA”) published its Emergency Temporary Standard (“ETS”). The ETS becomes enforceable today, November 5, 2021. Essentially, … Continue reading
NLRB General Counsel Memorandum Reveals New Enforcement Strategy Affecting All Employers
In her first memorandum as General Counsel, Jennifer Abruzzo laid out a clear agenda for the new enforcement priorities of the National Labor Relations Board (“NLRB”). All unionized and nonunionized private sector employers face the changes that are contemplated in … Continue reading
President Biden Issues Executive Order Encouraging Federal Rule Makers to Limit or Ban Non-Competes
On July 9, 2021, President Biden signed the sweeping Executive Order on Promoting Competition in the American Economy, which outlined over 70 wide-ranging initiatives aimed at promoting competition and workers’ interests. One of these initiatives “encouraged” the Federal Trade Commission … Continue reading
Posted in Hiring, Snell & Wilmer, Uncategorized
| Tagged Executive Order, Non Compete, Non-Competition Agreement
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Federal Equal Employment Opportunity Law – Recent Developments
2020 brought employment law practitioners several federal court decisions that proved to be interesting, instructive and, at times, entertaining. Some decisions were victories for employees, and others were victories for employers. No matter the outcome, however, all the opinions continue … Continue reading
Posted in Discrimination, Pay, Snell & Wilmer
| Tagged Disability, Equal Pay, Salary History, Supreme Court, Title VII
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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
Court Rules That DOL Exceeds Authority in Its Coronavirus Paid Leave Regulations
On Monday, August 3, 2020, a federal judge in New York ruled that the U.S. Department of Labor (DOL) exceeded its authority by limiting employees’ eligibility for paid coronavirus leave under the Families First Coronavirus Response Act (FFCRA). While portions … Continue reading