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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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“Times They Are [Still] a-Changin'”: The Developing Landscape of Marijuana Legalization in Nevada and What This Means for Nevada Employers
As we reported last year, “Times They Are a-Changin’” . However, given the monumental shift in public perceptions of cannabis, the Nevada legislature has followed suit and has now taken a giant step further into the marijuana morass. As a … Continue reading
Posted in Handbook, Hiring, Nevada, Snell & Wilmer
| Tagged Drug Testing, Employees, Job Applicants, Nevada, Policy
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Paid Parental Leave for Employees? Make Sure This Benefit is Truly Gender Neutral
A recent settlement between the American Civil Liberties Union (“ACLU”) and a national employer highlights the importance of ensuring that paid parental leave benefits provided by employers are not just written in a gender neutral policy, but also administered on … Continue reading
UPDATE: Does Your Employee Handbook Have a Lactation Accommodation Policy? (And Are You Abiding By It?)
Recently, a federal jury awarded a City of Tucson Fire Department paramedic $3.8 million after it found that the department violated the Fair Labor Standards Act (“FLSA”) and Title VII of the Civil Rights Act of 1964 (“Title VII”) when … Continue reading
Posted in Discrimination, DOL, FLSA, FMLA, Handbook
| Tagged District of Arizona, Employees, Fair Labor Standards Act, Lactation Accommodation, Nursing Mothers, Wage & Hour
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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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Does Your Employee Handbook Have a Lactation Accommodation Policy?
Many employers are familiar with break and meal period requirements applicable to their organization under state and federal law. Often overlooked, however, is an employer’s responsibilities toward nursing mothers. We take a look at some of the requirements employers should be aware … Continue reading
Posted in DOL, FLSA, Handbook
| Tagged Employees, Fair Labor Standards Act, Lactation Accommodation, Nursing Mothers, Rest Break, Wage & Hour
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NLRB’s Email Rule May Be Coming to an End
In its 2014 decision Purple Communications Inc. and Communication Workers of America, the NLRB ruled that employees could generally use employers’ email systems to organize or engage in other concerted activities protected by Section 7 of the National Labor Relations … Continue reading
Posted in Handbook, Labor, NLRA, NLRB, Unions
| Tagged Company Email, Labor, NLRA, NLRB, Policy, Protected Communications, Protected Concerted Activity, Purple Communications, Section 7
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Is Paid Sick Leave a Texas Thing?
San Antonio followed Austin as the second city in Texas to mandate private employers offer paid sick leave to employees employed within the city limits. The San Antonio City Council passed an ordinance on August 16, 2018 requiring private employers … Continue reading
Posted in Handbook, Pay, Sick Leave
| Tagged Austin, Austin City Council, Local Ordinances, Local Regulation, Ordinance, Paid Sick Leave, Paid Sick Time, San Antonio, San Antonio City Council, State and Local, Texas
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Federal Paid Time Off: Sen. Rubio’s Social Security Paid Leave Proposal.
Titled the Economic Security for New Parents Act, Senator Marco Rubio’s bill is the latest in a string of federal paid leave proposals. According to Senator Rubio’s release, Senate Bill 3345 “reates an option for new parents to pull forward … Continue reading
Posted in Handbook, Sick Leave
| Tagged Bill, Congress, Federal Preemption, Paid Sick Leave, Rubio, SB 3345, Senate, Social Security
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Could a single, nationwide paid sick leave law become a reality and cure a multi-jurisdictional employer’s woes? Maybe.
In light of the ever-growing number of states and local governments mandating paid sick leave requirements for private employers, some federal paid sick leave bills have been proposed. Some proponents have called for federal intervention to alleviate multijurisdictional employers from … Continue reading
Posted in Handbook, Sick Leave
| Tagged DeLauro, ERISA, Flex Time, House of Representatives, HR 1516, HR 2942, HR 4219, Paid Sick Leave, Paid Sick Time, Preemption, SB 337, Senate, State and Local, Subcommittee, the Family and Medical Insurance Leave Act, the Healthy Families Act, the Schdules That Work Act, Workflex in the 21st Century Act
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Does Your Employee Handbook Need a Makeover? Tips to Help Your Policies and Procedures Work for You
Employee handbooks, policy and procedure manuals, and other guidelines given to employees can be a very effective way for employers to communicate their expectations to their employees and show that an employee’s bad behavior was in violation of company policies. … Continue reading
Posted in Handbook
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