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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 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
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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Show Them the Money: Colorado’s New Equal Pay Law
Colorado’s Equal Pay for Equal Work Act (the “Act”) goes into effect January 1, 2021. To implement the Act, the Colorado Department of Labor and Employment recently adopted the Equal Pay Transparency (“EPT”) Rules. Here, we summarize certain notable features of … Continue reading
Posted in Colorado, Hiring, Pay, Snell & Wilmer
| Tagged Colorado, Equal Pay, Equal Pay for Equal Work Act
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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
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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Modernizing the FLSA: DOL Gives the 7(i) Exemption a Makeover
Section 7(i) of the Fair Labor Standards Act (FLSA) provides an often overlooked, but useful, exemption to an employer’s overtime obligations for certain commission-based employees of retail and service establishments. However, to claim the exemption, employers must first determine: are … Continue reading
Posted in DOL, FLSA, Snell & Wilmer
| Tagged DOL, Exemption, Fair Labor Standards Act, USDOL, Wage & Hour
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Updated EEOC Guidance for Employers Permits Testing for COVID-19
The U.S. Equal Employment Opportunity Commission (“EEOC”) recently published updated and expanded technical assistance addressing questions arising under federal equal employment opportunity laws related to the COVID-19 pandemic. The April 23, 2020 guidance, “What You Should Know About COVID-19 and … Continue reading
Posted in ADA, EEOC, Snell & Wilmer
| Tagged Coronavirus, COVID-19, EEOC Guidance
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The DOL Updates Its Model Notice of Employee Rights Under the Families First Coronavirus Response Act
The United States Department of Labor updated its “model” notice of employees’ rights pursuant to the Families First Coronavirus Response Act (“FFCRA” or “Act”). This updated model notice must be posted or distributed to employees electronically in time for the FFCRA’s effective … Continue reading
Posted in DOL, Snell & Wilmer
| Tagged Coronavirus, COVID-19, DOL, Families First Coronavirus Response Act, USDOL
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Practical Guidance for Employers Grappling With the Coronavirus Threat
This week, the World Health Organization upgraded the global risk of the new coronavirus (COVID-19) to “very high” with over 83,000 cases being confirmed, including dozens in the United States. Employers are grappling with how to address the practical and … Continue reading