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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 July 2019 Snell & Wilmer “Under Construction” Newsletter Out
The summer edition of Snell & Wilmer’s Under Construction newsletter has been published. See here. The Labor and Employment team contributed to this issue. Mark Morris provides a recent update on Utah construction and negligence law, and John Lomax, Swen … Continue reading
Posted in Arizona, Nevada, Snell & Wilmer, Utah
| Tagged Construction Law, Construction Projects, Marijuana, Under Construction
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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 Arizona Civil Rights Act, Arizona Drug Testing of Employees Act, Disability, discrimination, Medical Marijuana
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Fair Credit Reporting Act Update: Employers Within the Ninth Circuit Are Required to Provide a “Stand-alone” Background Check Disclosure Form – Yes, Literally
On January 29, 2019, the Ninth Circuit Court of Appeals held that a prospective employer does not satisfy the Fair Credit Reporting Act’s (“FCRA”) stand-alone disclosure requirement when it provides job applicants with a disclosure that also contains various state … Continue reading
Posted in Arizona, California
| Tagged Background Check, Consumer Reporting Agencies, Fair Credit Reporting Act, Ninth Circuit
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Winter Edition Of “Under Construction” Newsletter Published!
The winter edition of Snell & Wilmer’s “Under Construction” newsletter is out now. This issue takes a looks at: The importance of reviewing all of the contract documents or templates you may have to evaluate whether they need to be … Continue reading
Posted in Arizona, California, DOL, OSHA
| Tagged ADOSH, Cal-OSHA, Construction, OSHA
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ADOSH Continues to Extend the Time Period for a Repeat Violation
When considering whether to admit to an ADOSH OSHA citation, keep in mind the changing time periods for a repeat citation. A repeat citation is issued when the employer has been cited previously for the same or substantially similar citation … Continue reading
Posted in Arizona, DOL, OSHA
| Tagged ADOSH, Citation, Repeat Citation, Statute of Limitations
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ADOSH Finally Approves Federal OSHA Silica Standard
On September 23, 2017, Federal OSHA adopted the silica standard for the construction industry. The general industry aspect of the silica standard took effect on June 23, 2018. As a state plan state, Arizona has six months to adopt the … Continue reading
Posted in Arizona, DOL, OSHA
| Tagged ADOSH, Arizona Attorney General, Attorney General, Construction, Department of Labor, Industry, Silica, Standard
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Voting on Marijuana in 2018: Medical or Recreational?
Will a marijuana issue be on your ballot this year? The state-by-state approach to medical and recreational marijuana means voters in at least four states will consider revisions to their laws on marijuana. For employers with nationwide workforces or employees … Continue reading
Posted in Arizona, Hiring, Utah
| Tagged Ballot, Ballot Initiative, Cannabas, Dispensary, Drug Testing, Marijuana, Medical Marijuana, Missouri, Oklahoma, Recreational Marijuana, Vote
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AZ: Prohibit Confidentiality Agreements in Sex Assault/Harassment Cases
The Arizona House of Representatives is considering House Bill 2020 that seeks to prohibit confidentiality agreements in cases of alleged sexual assault or sexual harassment. See here. Proposed by Rep. Maria Syms (R-Paradise Valley), HB 2020 casts any confidentiality agreement … Continue reading
Posted in Arizona, California, Confidentiality, Discrimination
| Tagged #metoo, Litigation, New Jersey, New York, Nondisclosure, Pennsylvania, settlement, Sexual Abuse, Sexual Harassment, Tax, Tax Deduction
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Arizona’s Industrial Commission Publishes Final Paid Sick Time Regulations
The Industrial Commission of Arizona published its final regulations pertaining to Proposition 206, otherwise known as the Fair Wages and Healthy Families Act, A.R.S. §§ 23-371 to -375. A copy of the final regulations can be found here on page 2907.
Posted in Arizona, Sick Leave
| Tagged Industrial Commission of Arizona, Paid Sick Time
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Ninth Circuit Holding Regarding FLSA Minimum Wage Compliance
A unanimous Ninth Circuit Panel on November 15, 2017, joined other circuits in holding that the appropriate methodology for determining minimum wage compliance under the Fair Labor Standards Act during any workweek is by calculation of the pay earned during … Continue reading
Posted in Arizona, California, FLSA, Idaho, Minimum Wage, Pay
| Tagged Ninth Circuit, Nonexempt, Workweek
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