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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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California End-of-Year Employment Law Wrap Up
It’s that time of year for employers to make their lists and check them twice. While doing so, there are several new employment laws to consider for 2023. The following outlines the major new laws that will affect most employers … Continue reading
Posted in California, Discrimination, EEOC, Handbook, Minimum Wage, Reasonable Accommodation, Sick Leave
| Tagged 2023 Employment Laws, Bereavement Leave, California, CCPA, CFRA, Coronavirus, COVID-19, Covid-19 Notice to Employees, CPRA, Employee Handbook, Employees, Minimum Wage Increase, Pay Data Reporting, Pay Transparency, Reproductive Health, Supplemental Sick Leave
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2023: The Year Pay Transparency Becomes a Much Bigger Deal
The continuing trend of state and local government regulating more aspects of the employment relationship continues, and this time the focus is on pay transparency. These new laws require employers to disclose the pay they offer in job postings. Colorado … Continue reading
Posted in California, Colorado, EEOC, Handbook, Pay, Uncategorized
| Tagged California, Colorado, EEO-1 Reports, Employees, EPEW, Equal Pay For Equal Work, Job Posts, New York, Pay Data Reports, Pay Range, Pay Transparency, Record Keeping, Reporting, Wage & Hour, Washington
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The Equal Employment Opportunity Commission Changes Its Internal Procedures For Selecting Which Cases To Litigate
At the conclusion of the EEOC’s administrative process, if a discrimination Charge has not otherwise been resolved, the Agency issues an administrative decision finding either merit to the Charge or not. If the Agency concludes that the Charge has merit, … Continue reading
Department of Justice Affirms Employers’ Ability to Mandate Vaccines
When the EEOC confirmed months ago that employers could mandate Covid-19 vaccines without violating employment laws, the agency did not answer a lingering question regarding a non-employment statute, section 564 of the Food, Drug & Cosmetic Act (Section 564) which … Continue reading
Not So Fast: EEOC Withdraws Its Recently Issued Proposed Rules Addressing Employer Vaccination Incentives
Employers may recall that, in the final days of the Trump Administration, the EEOC issued proposed regulations addressing incentives related to wellness programs and their lawfulness under the Americans with Disabilities Act (“ADA”) and the Genetic Information Nondiscrimination Act (“GINA”). … Continue reading
Posted in ADA, EEOC, Snell & Wilmer
| Tagged ADAAA, EEOC Guidance, GINA, voluntary wellness program
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Pregnancy Likely to Be Added to Short List of Required Employment Accommodation
Most federal and state employment discrimination laws prohibit any kind of adverse personnel action based upon any of the enumerated protected categories, e.g., race, sex, national origin, age, etc. Currently, only two federal discrimination laws go further and, not only … Continue reading
Posted in Discrimination, EEOC, Reasonable Accommodation
| Tagged Accommodation, EEOC Guidance, Pregnancy, Pregnant Workers Fairness Act, Reasonable Accommodation
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EEOC Announces Conclusion of Conciliation and Mediation Pilot Programs
Today, the U.S. Equal Employment Opportunity Commission (EEOC) announced that it concluded its two six-month conciliation and mediation pilot programs originally announced in July 2020. We addressed the mediation pilot program here. As part of the mediation pilot program, and … Continue reading
EEOC Issues Proposed Rule to No Longer Keep Employers in the Dark as to Cause Finding and Conciliation Demand
Employers who have been frustrated over the years by the Equal Employment Opportunity Commission (EEOC)’s oft-employed tactic of keeping its factual evidence close to the vest, even after a cause finding as to a charge and/or during conciliation efforts, may … Continue reading
Posted in EEOC, Snell & Wilmer
| Tagged conciliation, EEOC, EEOC charge, proposed rule
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EEOC Expands Mediation Program
The U.S. Equal Employment Opportunity Commission (EEOC) recently announced a six-month pilot program that will greatly expand not only the number of charges that are eligible for mediation, but also the time period in which mediations will be allowed. The ACT (Access, … Continue reading
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 SCOTUS, Supreme Court, Title VII
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