The Customer is Not Always Right: Sex Museums and Harassment

New York City’s Museum of Sex (“the Museum”) is facing a lawsuit from a former employee who alleges that the Museum failed to protect her from sexual harassment by her co-workers and the Museum’s patrons.  The plaintiff’s complaint alleges that … Continue reading

Posted in Discrimination, EEOC, Uncategorized | Tagged , , , , , , , ,

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Revival of Bag Check Suit Suggests Employers Must Pay Employees for Time Spent Undergoing Exit Inspections

Last week, the Ninth Circuit Court of Appeals revived two previously dismissed cases against California employers that claimed that the employers failed to pay workers for time spent undergoing bag inspections before leaving work each day. The Ninth Circuit’s decisions … Continue reading

Posted in California, FLSA, Pay | Tagged , ,

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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 , , ,

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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 , , , ,

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Employers May Prohibit Non-Employees From Organizing On The Employers’ Property

On Friday, June 14, 2019, the National Labor Relations Board (“NLRB” or “Board”) issued a decision of significance to employers. In particular, the NLRB decision affects employers, such as  hospitals and hotels, that have areas of their property open to … Continue reading

Posted in Labor, NLRB, Unions | Tagged , ,

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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

Posted in Discrimination, Handbook | Tagged , ,

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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 , , ,

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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 , ,

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Wall Street Journal Notes Growing Clouds Over Restrictive Covenants

Harriett Torrey of the Wall Street Journal wrote on Monday of this week that there is a growing backlash against employers getting in the way of workers quitting jobs for better offers and to secure a better living. There are … Continue reading

Posted in Confidentiality, Restrictive Covenant | Tagged , , , , , , , , , , ,

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New Mexico: Bernalillo County Proposes Paid Sick Time Ordinance

On May 14, 2019, the Bernalillo County Commission introduced a paid sick leave ordinance for Bernalillo County, New Mexico. Bernalillo County is the most populous county in New Mexico, covering Albuquerque. A copy of the ordinance is available here. Among other … Continue reading

Posted in New Mexico, Sick Leave | Tagged , , ,

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