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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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COVID-19: Employment Squalls Likely to Hit Employers
Many employers have opened for business and now hope for much-needed smooth sailing. As they chart their course for open and calm waters, however, employers would be well-served to keep their spyglasses focused on the horizon’s rough seas. Click here … Continue reading
Posted in ADEA, FLSA, OSHA, Snell & Wilmer
| Tagged Coronavirus, COVID-19, FFCRA, OSHA, Wage & Hour, WARN Act
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Modernizing the FLSA: DOL Gives the 7(i) Exemption a Makeover
Section 7(i) of the Fair Labor Standards Act (FLSA) provides an often overlooked, but useful, exemption to an employer’s overtime obligations for certain commission-based employees of retail and service establishments. However, to claim the exemption, employers must first determine: are … Continue reading
Posted in DOL, FLSA, Snell & Wilmer
| Tagged DOL, Exemption, Fair Labor Standards Act, USDOL, Wage & Hour
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New Senate Bill Seeks to Expand Protections for Nursing Mothers
Currently under the Fair Labor Standards Act (“FLSA”), employers with 50 or more employees are required to provide “reasonable break time for an employee to express breast milk for her nursing child for 1 year after the child’s birth each … Continue reading
Posted in DOL, FLSA
| Tagged Fair Labor Standards Act, Lactation Accommodation, Rest Break, Wage & Hour
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U.S. Department of Labor Issues New Rule Clarifying Exclusions from Overtime Calculation
On December 12, 2019, the U.S. Department of Labor (“DOL”) finalized a new rule that lets employers leave several perks, including tuition benefits, paid leave cash-outs, and some bonuses, out of the formula used to calculate employees’ overtime pay. According … Continue reading
Posted in DOL, FLSA, Pay, Snell & Wilmer
| Tagged Fair Labor Standards Act, Overtime, Wage & Hour
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Nevada’s New Employment Laws in 2020
Nevada has undergone a significant transformation regarding the legal landscape affecting Nevada’s Employers. Several of these new laws have just recently gone into effect or are slated to go into effect at the beginning of the new year. Click here for some … Continue reading
Posted in FLSA, Independent Contractor, Minimum Wage, Nevada
| Tagged Classification, Employees, Fair Labor Standards Act, Marijuana, Minimum Wage, Misclassification, Paid Leave, Settlement Agreement, Wage & Hour
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The California Supreme Court Is To Decide the Retroactive Application of the Dynamex Independent Contractor Decision
On November 20, 2019, the California Supreme Court finally agreed to take up the question of whether the landmark Dynamex independent contractor decision applies retroactively. In April 2018, the California Supreme Court adopted the “ABC” test for determining whether a … Continue reading
Posted in California, Independent Contractor
| Tagged California, Classification, Independent Contractor, Wage & Hour
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Common and Costly Employer Mistake: Not Paying Overtime Premium on Incentive Compensation
Most employers know that the Fair Labor Standards Act (“FLSA”) requires minimum wage and overtime to be paid to employees unless they are exempt. A common mistake, however, is when employers fail to properly factor certain incentive compensation into non-exempt … Continue reading
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
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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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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