Search Blog
Subscribe Today
About this Blog
Snell & Wilmer’s Labor and Employment Law Blog provides breaking news and updates on legal issues facing employers.Topics
- ADA
- ADEA
- Arbitration
- Arizona
- California
- Class Action
- Confidentiality
- Discrimination
- DOL
- EEOC
- Federal Contractor
- FLSA
- FMLA
- Handbook
- Hiring
- Idaho
- Immigration
- Independent Contractor
- Labor
- Minimum Wage
- Nevada
- New Mexico
- NLRA
- NLRB
- OSHA
- Pay
- Reasonable Accommodation
- Restrictive Covenant
- Sick Leave
- Snell & Wilmer
- Social Media
- Texas
- Trade Secrets
- Transgender
- Uncategorized
- Unions
- Utah
- Whistleblower
New California Legislation Makes it More Difficult to Classify Workers as Independent Contractors
California Assembly Bill 5 has been branded as the killer of the gig economy. It adds to the California Labor Code a new test for deciding who is properly classified as an independent contractor. Workers will be considered employees for … Continue reading
Posted in California, Independent Contractor, Snell & Wilmer
| Tagged California, Classification, Employees, Independent Contractor
Share this Article:
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
Share this Article:
Revival of Bag Check Suit Suggests Employers Must Pay Employees for Time Spent Undergoing Exit Inspections
Last week, the Ninth Circuit Court of Appeals revived two previously dismissed cases against California employers that claimed that the employers failed to pay workers for time spent undergoing bag inspections before leaving work each day. The Ninth Circuit’s decisions … Continue reading
Dynamex Impact on California Businesses – Revisiting Dynamex One Year Later
It has been more than a year since the California Supreme Court issued its landmark decision in Dynamex Operations West, Inc. v. Superior Court of Los Angeles, setting forth a new test for determining whether a worker is properly classified as an … Continue reading
Posted in California, Independent Contractor, Snell & Wilmer
| Tagged California, Employees, Wages
Share this Article:
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
Share this Article:
Transportation Workers Get a Green Light to Ignore Arbitration Agreements for Wage Claims
The California Court of Appeal in Nieto v Fresno Beverage Company took the position that a driver who delivered beverages solely within the state of California was nonetheless a “transportation worker” who was exempt from the Federal Arbitration Act (“FAA”) … Continue reading
Posted in Arbitration, California, Class Action
| Tagged California Court of Appeal, California Labor Code, Class Action Waiver, FAA, Federal Arbitration Act, Nieto, Section 229
Share this Article:
Employee Non-Solicitation Agreements Are Shot Down Once Again in California
In November 2018, the California Court of Appeal in AMN Healthcare v. Aya Healthcare Services Inc. called into question the validity of employee non-solicitation agreements that prevent employees from soliciting and encouraging their former colleagues to come join them at … Continue reading
Posted in California, Hiring, Restrictive Covenant, Trade Secrets
| Tagged California Court of Appeal, Covenant, Non Compete, Non Competition, Non-Solicitation Agreement
Share this Article:
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
Share this Article:
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
Share this Article:
2019 Legislative Changes for California Severance and Settlement Agreements
Employers often find themselves in a bind – they need to let an employee go quickly and they want the employee to sign a release of all claims, so they dust off the severance agreement they used last time around, … Continue reading
Posted in California
| Tagged California, Employees, Settlement Agreement, Severance
Share this Article: