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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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President Biden Issues Executive Order Encouraging Federal Rule Makers to Limit or Ban Non-Competes
On July 9, 2021, President Biden signed the sweeping Executive Order on Promoting Competition in the American Economy, which outlined over 70 wide-ranging initiatives aimed at promoting competition and workers’ interests. One of these initiatives “encouraged” the Federal Trade Commission … Continue reading
Posted in Hiring, Snell & Wilmer, Uncategorized
| Tagged Executive Order, Non Compete, Non-Competition Agreement
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ESG and Human Capital Reporting: Contemplating Diversity Disclosures
Institutional investors and other stakeholders are seeking better information from public companies on workforce diversity. Company executives and boards are discussing how and what to disclose, and many observers believe the SEC will mandate further disclosures. Auditors are even mapping … Continue reading
Posted in Federal Contractor, Snell & Wilmer, Uncategorized
| Tagged Audit, Diversity, ESG, Human Capital Reporting
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The American Rescue Plan Act: How the New Legislation Affects Employers
On March 11, 2021, President Biden signed the American Rescue Plan Act (ARPA) of 2021. Within this $1.9 trillion relief Bill, Congress extended certain previously enacted COVID-19 stimulus package provisions and expanded on previous measures, providing more relief and creating new … Continue reading
Posted in DOL, FCRA, Sick Leave, Snell & Wilmer
| Tagged COBRA, FFCRA, Paid Sick Leave, US Department of Labor
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The New Reality: The Remote Workplace Is Here—Maybe Permanently!
A recent survey conducted by the Society of Human Resource Managers revealed that one of the top employment issues businesses face today is how best to train supervisors to effectively manage a remote workforce. Close behind supervisory training is the … 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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California Employers with 100+ Employees Should be Aware of Fast Approaching Pay Data Report Deadline
Employers with 100 or more employees nationally and at least one employee in California are required to submit a pay data report to the Department of Fair Employment and Housing no later than March 31, 2021. Similar to the Federal … Continue reading
Parental Leave – It’s Not Just a Women’s Issue
A complaint filed in Massachusetts federal court earlier this week highlights a blind spot for many employers. When thinking about parental leave issues, employers often focus on their women. But men have the same rights as women when it comes … Continue reading
Posted in FMLA, Snell & Wilmer, Title VII
| Tagged Employees, FMLA, Litigation, Massachusetts, Title VII
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Federal Equal Employment Opportunity Law – Recent Developments
2020 brought employment law practitioners several federal court decisions that proved to be interesting, instructive and, at times, entertaining. Some decisions were victories for employees, and others were victories for employers. No matter the outcome, however, all the opinions continue … Continue reading
Posted in Discrimination, Pay, Snell & Wilmer
| Tagged Disability, Equal Pay, Salary History, Supreme Court, Title VII
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Can Companies Use the Outside Sales Exemption During a Pandemic?
COVID-19 has altered the way nearly every employee performs their work. Videoconferencing and phone calls have largely replaced in-person visits and face-to-face meetings in many workplaces. By extension, many sales employees who used to visit customers in person now do … Continue reading
Posted in California, DOL, FLSA, Snell & Wilmer
| Tagged California, Coronavirus, COVID-19, DOL, Fair Labor Standards Act, Outside Sales Exemption
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Show Them the Money: Colorado’s New Equal Pay Law
Colorado’s Equal Pay for Equal Work Act (the “Act”) goes into effect January 1, 2021. To implement the Act, the Colorado Department of Labor and Employment recently adopted the Equal Pay Transparency (“EPT”) Rules. Here, we summarize certain notable features of … Continue reading
Posted in Colorado, Hiring, Pay, Snell & Wilmer
| Tagged Colorado, Equal Pay, Equal Pay for Equal Work Act
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