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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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A Planned Executive Order Regarding Competition
Neil Irwin of the New York Times reported on Thursday morning that President Biden is preparing an Executive Order focused on competition policy. He reports that people familiar with the Order say one section has several provisions aimed at increasing … Continue reading
Posted in Confidentiality, Restrictive Covenant
| Tagged Confidentiality, Executive Order, Non Compete, Restrictive Covenant
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Employers May Require Confidentiality During Ongoing Disciplinary Investigations and Prohibit Use of Company Equipment for Nonbusiness Purposes
Overruling Obama-era precedent, on December 17 the National Labor Relations Board (Board) published two decisions that will significantly affect all employers. For more information, click here.
Posted in Confidentiality, Labor, NLRA, NLRB, Snell & Wilmer
| Tagged NLRA, NLRB, Obama, Protected Concerted Activity, Unions
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Wall Street Journal Notes Growing Clouds Over Restrictive Covenants
Harriett Torrey of the Wall Street Journal wrote on Monday of this week that there is a growing backlash against employers getting in the way of workers quitting jobs for better offers and to secure a better living. There are … Continue reading
Posted in Confidentiality, Restrictive Covenant
| Tagged California, Hawaii, New Hampshire, Non Compete, Non Competition, Non-Competition Agreement, Non-Solicitation Agreement, Oklahoma, Restrictions, Utah, Wall Street Journal, WSJ
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Employment Handbooks and Confidentiality
Employers frequently ask if they can maintain rules requiring employees to keep the contents of their employment handbooks confidential. In a recent memorandum, the General Counsel (GC) (Division of Advice) of the National Labor Relations Board (NLRB) concludes that such rules … Continue reading
Posted in Confidentiality, Handbook, NLRA, NLRB
| Tagged Division of Advice, GC, Handbook, Manual, Memorandum, Policy, Restrictions
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Snell & Wilmer Secures Appellate Victory Enforcing Restrictive Covenants for First American Title
On October 9, 2018, attorneys from Snell & Wilmer’s Salt Lake City Labor & Employment Group secured a final victory for First American Title Company and First American Title Company LLC by way of a unanimous opinion from the U.S. … Continue reading
Posted in Confidentiality, Snell & Wilmer, Utah
| Tagged Confidentiality, Litigation, Non-Competition Agreement, Non-Solicitation Agreement, Tenth Circuit
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Employers Will Be Required to Utilize a New “A Summary of Your Rights Under the Fair Credit Reporting Act” Form
Effective September 21, 2018, employers that use nationwide credit reporting agencies for background checks will be required to use a new “A Summary of Your Rights Under the Fair Credit Reporting Act” form (“the Summary”). Read more about the Summary … Continue reading
Posted in Confidentiality, Hiring
| Tagged Background Check, Consumer Protection, Credit, Credit Report, Economic Growth, Economic Growth Regulatory Relief Consumer Protection Act, Fair Credit Reporting Act, Identity Theft, Regulatory Relief, Security Freeze
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MA Legislation Imposes New Requirements On Non-Compete Agreements
On August 10, 2018, the Governor of Massachusetts signed into law comprehensive reforms governing covenants not to compete in the State of Massachusetts. For a look into what the new law requires, click here.
Posted in Confidentiality, Trade Secrets
| Tagged Covenant, Massachusetts, Non Compete, Non Competition, Non-Competition Agreement Act, Restrictions
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California Legislature Takes A Strong Stance in Response to #Metoo Movement
The California legislature is looking to pass a host of bills aimed at decreasing sexual harassment in the workplace and increasing rights of victims of sexual harassment: SB 820 bans confidential settlement agreements in cases involving sexual assault, sexual harassment … Continue reading
Posted in California, Confidentiality, Discrimination
| Tagged Arbitration, Confidentiality Agreements, Department of Fair Employment and Housing, Employment Arbitration Agreements, Fair Employment and Housing Act, Federal Arbitration Act, Public Policy, Settlement Agreement, Sexual Harassment, Training
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California Bans Inquiries About Salary History During Hiring Process
The California Legislature recently enacted Assembly Bill (AB) 168, impacting the types of questions employers may ask job applicants about their prior salary information, effective January 1, 2018. AB 168 makes it unlawful for employers to ask applicants – either … Continue reading
Posted in California, Confidentiality, Hiring, Pay
| Tagged AB168, Hiring Process, Job Applicants, Salary, Salary History
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