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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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SCOTUS Issues Employers Relief in PAGA Actions
Since 2004, the Private Attorneys General Act (“PAGA”) has been a thorn in the side of employers in the State of California. Indeed, there are approximately 17 PAGA actions filed every day in the state. A PAGA claim allows a … Continue reading
Beware of the Use of Artificial Intelligence Recruitment and Hiring Tools
As the use of artificial intelligence recruitment and hiring tools becomes more prevalent, it is important to remember that such processes are subject to anti-discrimination laws. Employers have an obligation to inspect such tools and processes for bias based on … Continue reading
Posted in Uncategorized
| Tagged ADA, ADEA, Artificial Intelligence, discrimination, Hiring, Recruitment, Title VII
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New Employee Safety Bill May Increase Litigation in California
The California Senate recently pass a bill which, if enacted, would permit employees in California to refuse to report to work when they feel “unsafe.” The bill purports to apply during major natural disasters and states of extreme peril, but … Continue reading
Posted in Uncategorized
| Tagged California, Emergency Condition, Health and Safety, Litigation, Major Natural Disasters, Unsafe
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Fighting Abuse in the Workplace – NLRB Examines Employee Abusive Conduct Under NLRA Law
Employers often confront situations involving employees’ argumentative, aggressive, and opprobrious conduct during department or other group meetings, evaluations, or disciplinary meetings with supervisors. Even though the employees’ opinions or arguments on the subject matter discussed at those meetings may constitute … Continue reading
Effective April 1, 2022: Tucson, Arizona’s Minimum Wage Ordinance
It’s not an April Fools’ Day joke – tomorrow, Tucson’s Minimum Wage Act (the “Act”), also known as Proposition 206, takes effect. The Act increases the minimum wage to $13.00 per hour for all employees (full-time, part-time, temporary, and those engaged through an … Continue reading
It’s Official: The “Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act” Is Now Law
As anticipated, President Joe Biden signed into law the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (“the Act”) today. Effective immediately, the Act amends the Federal Arbitration Act and limits the enforceability of U.S. employers’ mandatory arbitration agreements … Continue reading
Posted in Uncategorized
| Tagged Arbitration, Black Lives Matter, Breaking News, Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act, MeToo
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What’s New This Week In California COVID law?
California employers have certainly had to be on their toes these last two years when it comes to dealing with COVID in the workplace. This week was no different. The Labor Commissioner just released the mandatory poster regarding the 2022 … Continue reading
Posted in Uncategorized
| Tagged California, COVID Supplemental Paid Sick Leave, Labor Commissioner, Mask Mandate, Masks
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Claims of Sexual Misconduct Can No Longer Be Forced Into Mandatory Arbitration
The majority of U.S. employers have elected to adopt the use of mandatory arbitration agreements, requiring that all employment-related claims be arbitrated and not litigated. Pursuant to a series of landmark United States Supreme Court decisions, such mandatory arbitration agreements … Continue reading
Posted in Uncategorized
| Tagged Arbitration, Biden, Dispute Resolution, Federal Arbitration Act
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Utah’s Employer/Independent Contractor Distinction Remains Cloudy, Even To Judges
In a February 3, 2022 opinion by the Utah Court of Appeals, the struggle that courts have in distinguishing between employees and independent contractors continues. In Jensen Tech Services and Sentinel Insurance Company, Ltd., v. Labor Commission and Sergio Herrera, … Continue reading
CMS Revises Enforcement Guidance—Again
After the publication of our Legal Alert on the Supreme Court decision lifting the stay on the Omnibus COVID-19 Health Care Staff Vaccination Interim Final Rule (the “Rule”) published by the Centers for Medicare & Medicaid Services (“CMS”), CMS released … Continue reading