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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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Concerted Activity or Mere Griping?
Employees have the right to engage in concerted activities, and employers commit unfair labor practices if they retaliate against employees for engaging in those activities. It is important to understand the concept of concerted activity. In order to find that … Continue reading
“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
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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Dynamex Applied Retroactively By The Ninth Circuit
Two days after the one year anniversary of the California Supreme Court’s Dynamex decision, the Ninth Circuit issued a blow to companies in California. On May 2, 2019, the Ninth Circuit in Vazquez v. Jan-Pro Franchising International, Inc. held that … Continue reading
Posted in California, Independent Contractor
| Tagged California, Employees, Independent Contractor, Ninth Circuit
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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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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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2019 Legislative Changes for California Severance and Settlement Agreements
Employers often find themselves in a bind – they need to let an employee go quickly and they want the employee to sign a release of all claims, so they dust off the severance agreement they used last time around, … Continue reading
Posted in California
| Tagged California, Employees, Settlement Agreement, Severance
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H-1B Employment Visa Lottery for 2019!
On April 1, 2019, U.S. Citizenship and Immigration Services (USCIS) will start accepting H-1B visa petitions for the next fiscal year with a start date of October 1, 2019. The H-1B program allows companies in the United States to temporarily … Continue reading
Posted in Hiring, Immigration
| Tagged Employees, Immigration Update, Work Authorization
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OSHA Updates (Part 2) – OSHA Clarifies Position on Incentive Programs and Drug Testing
The Occupational Safety and Health Administration (“OSHA”) published its Final Rule on May 12, 2016 regarding safety incentive programs and post-incident drug testing. However, recently, OSHA published a clarification of its Final Rule on these two topics. OSHA’s main purpose … Continue reading