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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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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
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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United States Supreme Court Continues Its Trend of Enforcing Individual Employment Arbitration Agreements
Approximately one year ago, the United States Supreme Court issued its landmark decision in Epic Systems v. Lewis, 548 U.S. ___ (2018), holding that class action waivers contained in arbitration agreements, including agreements between employers and their employees, are permissible … Continue reading
Posted in Arbitration, Class Action
| Tagged Class Action Waiver, Employment Arbitration Agreements, Epic Systems, Ernst & Young LLP, Lamps Plus, Lewis, Morris, Murphy Oil, Ninth Circuit, NLRB, SCOTUS, Section 7, Supreme Court, Wage & Hour
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Fair Credit Reporting Act Update: Employers Within the Ninth Circuit Are Required to Provide a “Stand-alone” Background Check Disclosure Form – Yes, Literally
On January 29, 2019, the Ninth Circuit Court of Appeals held that a prospective employer does not satisfy the Fair Credit Reporting Act’s (“FCRA”) stand-alone disclosure requirement when it provides job applicants with a disclosure that also contains various state … Continue reading
Posted in Arizona, California
| Tagged Background Check, Consumer Reporting Agencies, Fair Credit Reporting Act, Ninth Circuit
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Tolling of Statute of Limitations in Class Action Realm Narrowed
In 1974 the United States Supreme Court in American Pipe & Construction Co. v. Utah held that the timely filing of a class action tolls the applicable statute of limitations for all persons encompassed by the class complaint. This holding … Continue reading
Posted in Class Action, Pay
| Tagged Class Certification, Ninth Circuit, SCOTUS, Statute of Limitations, Supreme Court, Wage & Hour
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Indian Tribes Continue to Challenge the NLRB’s Jurisdiction Over Casinos Located on Indian Lands
In this week’s Legal Alert, Jerry Morales takes a look at the recent 9th Circuit case Casino Pauma regarding NLRB jurisdiction over a casino located on the Pauma Tribe’s reservation lands. See here.
Posted in NLRA, NLRB
| Tagged Jurisdiction, Native American, Ninth Circuit, Reservation, Tribal Lands, Tribe
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Employers Cannot Use Salary History to Defend Against Equal Pay Claims
On April 9, 2018, the Ninth Circuit ruled en banc that an employee’s prior salary does not constitute a “factor other than sex” to justify wage disparities between male and female employees. “Other than sex” factors is limited to legitimate, … Continue reading
Posted in Discrimination, Pay
| Tagged Equal Pay, Equal Pay Act of 1963, Ninth Circuit, Salary, Salary History, Wage & Hour, Wage Discrimination, Wage Gap, Wages
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Legal Alert: U.S. Supreme Court Adopts a “Fair Reading” Standard for FLSA Exemptions
In this week’s L&E Legal Alert, Jennifer Yee and Josh Woodard take a deeper dive into the Encino Motorcars, LLC v. Navarro where the U.S. Supreme Court rejected the longstanding principle that courts construe FLSA exemptions narrowly and, instead, adopted … Continue reading
Posted in DOL, FLSA, Pay
| Tagged Exempt, Exemption, Justice Thomas, Ninth Circuit, Overtime, SCOTUS, Wages
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Supreme Court Rejects Principle that FLSA Overtime Exemptions Should Be Construed Narrowly
In a 5-4 opinion issued on April 2nd, the United States Supreme Court held that service advisers at car dealerships are exempt from the overtime pay requirement of the FLSA because they are “salesmn . . . primarily engaged in … Continue reading
Posted in FLSA, Pay
| Tagged Automobiles, Exemption, Ninth Circuit, Overtime, SCOTUS, Wages
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Employees Use of Their Employers’ Email Resources for Union Activities
In Purple Communications Inc., 361 NLRB No. 126 (December 11, 2014) the NLRB reversed established precedent that employees did not have statutory rights to use their employers’ email resources for union activity. In that case, the Board held that employees … Continue reading
Posted in NLRA, NLRB
| Tagged Administrative Law Judge, Board, Email, Ninth Circuit, Protected Communications, Protected Concerted Activity, Purple Communications, Region 28, Robert A. Cole, Trump, Union Activities, Unions, Voicemail
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