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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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Summer 2020 Under Construction Newsletter – Out Now!
The summer edition of Snell & Wilmer’s Under Construction newsletter is out now! This issue addresses: Recovering Construction Costs For A Virus Outbreak – Shifting the Risk for Unforeseen Epidemic Costs Was Not Allowed; Delay and Disruption Claims in the … Continue reading
Posted in California, Snell & Wilmer, Utah
| Tagged California, Construction, Coronavirus, COVID-19
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Arizona’s Seldom Discussed Statutory Prohibition of Arbitration Agreements Between Employers and Employees
There has been much publicity recently regarding a series of states enacting state statutes intended to restrict or prohibit mandatory arbitration agreements in the employment context. The most recent such endeavor to be highly publicized is California’s A.B. 51, which … Continue reading
Posted in Arbitration, Arizona, California
| Tagged Arbitration, Employment Arbitration Agreements
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Winter 2020 Under Construction Newsletter – Out Now!
The winter edition of Snell & Wilmer’s Under Construction newsletter is out now! This issue addresses: Employees’ Use of Social Media to Complain About Working; Tips for Mediation of the Toughest Construction Disputes; Overview of the ConsensusDocs® 900 Public-Private Partnership … Continue reading
Posted in California, NLRA, NLRB, Snell & Wilmer, Social Media
| Tagged California, Employees, NLRA, NLRB
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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
Posted in California, Discrimination, Snell & Wilmer
| Tagged California, discrimination, Hair, Proposed Legislation, Race
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The California Supreme Court Is To Decide the Retroactive Application of the Dynamex Independent Contractor Decision
On November 20, 2019, the California Supreme Court finally agreed to take up the question of whether the landmark Dynamex independent contractor decision applies retroactively. In April 2018, the California Supreme Court adopted the “ABC” test for determining whether a … Continue reading
Posted in California, Independent Contractor
| Tagged California, Classification, Independent Contractor, Wage & Hour
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Fall 2019 Under Construction Newsletter – Out Now!
The fall edition of Snell & Wilmer’s Under Construction newsletter is out now! This issue takes a look at: Does an employer have to compensate an employee who gets injured on the way to work, even if it’s not on … Continue reading
Posted in California, Independent Contractor, NLRB
| Tagged ABC Test, Colorado, Dynamex, Registrar of Contractors, Under Construction
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A New Law Passed Raising the Standard for Classifying Workers as Independent Contractors in California
Since April 30, 2018, when the landmark California Supreme Court decision in Dynamex Operations West, Inc. v. Sup. Ct. (2018) 4 Cal.5th 903 (Dynamex) was issued, companies across the state have questioned whether the ABC independent contractor test adopted in that decision … Continue reading
Posted in California, Independent Contractor, Snell & Wilmer
| Tagged California, Classification, Employee Benefits, ERISA
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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
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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
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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