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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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No Crystal Ball for the ADA: Future Disabilities Not Protected Under Act
On October 29, 2019, a panel of Seventh Circuit Appellate Court Judges held that the Americans with Disabilities Act (ADA) does not cover alleged discrimination based on future impairments. Shell v. Burlington N. Santa Fe Ry. Co., No. 19-1030, 2019 WL … Continue reading
Posted in ADA, Discrimination, Snell & Wilmer
| Tagged ADAAA, Disability, Seventh Circuit
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2019 End of Year Plan Sponsor “To Do” List (Part 1) Health & Welfare – Out Now!
Part 1 of Snell & Wilmer’s 2019 End of Year Plan Sponsor “To Do” List, covering health and welfare plan issues, is out now! You can access the full newsletter here.
EEO-1 Deadline Extended
Recently, the U.S. Equal Employment Opportunity Commission (“EEOC”) announced that it is extending indefinitely the September 30, 2019 deadline for eligible employers to submit their EEO-1 Component 2 reports. For more information on the Component 2 requirement, click here. In … Continue reading
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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UPDATE: Scalia Fills Labor Role
On September 26, 2019, the Senate confirmed labor and employment attorney Eugene Scalia for Labor Secretary, in a 53-44 vote that was divided along party lines. Scalia served as the Labor Department’s chief legal officer from 2002-2003, before entering private … Continue reading
Posted in DOL, FLSA, Labor, Snell & Wilmer
| Tagged Fair Labor Standards Act, Labor, Trump, USDOL
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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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The July 2019 Snell & Wilmer “Under Construction” Newsletter Out
The summer edition of Snell & Wilmer’s Under Construction newsletter has been published. See here. The Labor and Employment team contributed to this issue. Mark Morris provides a recent update on Utah construction and negligence law, and John Lomax, Swen … Continue reading
Posted in Arizona, Nevada, Snell & Wilmer, Utah
| Tagged Construction Law, Construction Projects, Marijuana, Under Construction
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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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Fort Bend County v. Davis: SCOTUS Bends Employers’ Defense to Title VII Claims, But Doesn’t Break It
On June 3, 2019, the United States Supreme Court (“Supreme Court”) unanimously held in Fort Bend County v. Davis that federal courts may be able to hear claims brought under Title VII of the Civil Rights Act of 1964 (“Title VII”) without … Continue reading
Posted in EEOC, Snell & Wilmer
| Tagged EEOC charge, SCOTUS, Supreme Court, Title VII
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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
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