Checking In On The PRO Act

As we previously reported, the Protecting the Right to Organize (“PRO”) Act is pending before Congress.  With the Pro Act, House and Senate Democrats seek to amend the National Labor Relations Act.  Some of the most significant provisions in the … Continue reading

Posted in NLRA, NLRB | Tagged , ,

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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 , ,

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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

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Mail or In-Person Voting? The NLRB Issues Guidance on Representation Elections During the COVID-19 Pandemic

As with many other facets of life, the COVID-19 pandemic is impacting how the National Labor Relations Board (NLRB) handles representation cases. This week, in Aspirus Keweenaw & Michigan Nurses Ass’n, Petitioner, 370 NLRB No. 45 (2020), the NLRB adopted a … Continue reading

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Supreme Court Confirms LGBTQ Employees Are Protected Under Title VII

Courts have struggled to uniformly decide whether Title VII of the Civil Rights Act of 1964, which makes it unlawful for employers to discriminate because of a person’s “sex,” protects employees from discrimination based on their sexual orientation or transgender … Continue reading

Posted in Discrimination, EEOC, Snell & Wilmer | Tagged , ,

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New CROWN Laws: Natural Hair and Protective Hairstyles in the Workplace

With the start of the new year, California’s new law prohibiting hair discrimination has taken effect. Although California was the first state to prohibit discrimination on the basis of hair, similar legislation is appearing across the United States. New York and New … Continue reading

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Let’s Get Out of the Weeds: Understanding Arizona’s Medical Marijuana Laws

Can an employer terminate the employment of a medical marijuana cardholder who tests positive after a work-related injury? A recent decision tackles this question and represents a first look at the legal issues under Arizona’s medical marijuana law. Employers and their … Continue reading

Posted in Arizona, Discrimination | Tagged , , , ,

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In Case You Missed It . . .

Happy New Year from Snell & Wilmer’s Labor and Employment Blog! In case you missed them, here are some of the highlights from 2018: Employment Do you have a “100 percent healed” policy? You may reconsider it after reading this. … Continue reading

Posted in ADA, Arbitration, Immigration, Labor, OSHA

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Check Your Arbitration Agreements: The Supreme Court Handed Workers A Big Win

In a unanimous opinion, with Justice Ginsburg concurring, the U.S. Supreme Court held that an exemption under the Federal Arbitration Act (“FAA”) applies to contracts with independent contractors. The FAA generally requires courts to enforce private arbitration agreements. But the … Continue reading

Posted in Arbitration, Class Action, Independent Contractor | Tagged , ,

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