Until recently, the California Labor Commissioner’s Office took the position that employers could require employees to stay on the work premises during ten-minute rest breaks, but they were required to let employees leave the premises during 30-minute meal periods. This position changed recently after the California Supreme Court’s decision in Augustus v. ABM Security […]
A potential watershed ruling that a former Grubhub delivery driver was properly classified as an independent contractor rather than an employee is a victory for gig economy companies who hope the decision will help defeat similar lawsuits and provide some needed clarity in this area. However, the debate in this regard is far from over. […]
The California Legislature recently enacted Assembly Bill (AB) 168, impacting the types of questions employers may ask job applicants about their prior salary information, effective January 1, 2018. AB 168 makes it unlawful for employers to ask applicants – either orally or in writing – about their prior salary information in determining whether to offer […]
The Arizona House of Representatives is considering House Bill 2020 that seeks to prohibit confidentiality agreements in cases of alleged sexual assault or sexual harassment. See here. Proposed by Rep. Maria Syms (R-Paradise Valley), HB 2020 casts any confidentiality agreement that “restricts the disclosure of factual information that is related to a sexual assault or […]
A unanimous Ninth Circuit Panel on November 15, 2017, joined other circuits in holding that the appropriate methodology for determining minimum wage compliance under the Fair Labor Standards Act during any workweek is by calculation of the pay earned during the entire workweek, rather than the pay earned in each individual hour of the workweek. […]
Last week, in a law designed to narrow the gender wage gap, California Governor Jerry Brown signed into law AB 168, which prohibits all employers[1] from relying on the salary history information of an applicant to determine: (1) whether to offer employment or (2) what salary to offer. An employer “shall not, orally or in […]
On September 14, 2017, California lawmakers passed bill AB 450, dubbed the Immigrant Worker Protection Act, which would imposes various requirements on public and private employers with regard to federal agency immigration worksite enforcement actions. See here. This includes, for example, prohibiting an employer from providing voluntary consent to a U.S. Immigration and Customers Enforcement […]
Snell & Wilmer invites you to take part in a complimentary, informative two-part OSHA webinar series, designed to help educate attendees on safety programs free from flaws. While you are welcome to attend either of the individual webinars listed below, we encourage you to mark your calendar for both sessions, as the second webinar builds […]
Many standardized job applications contain a section asking applicants for the names of their prior employers, dates of employment, and the salary or wage they earned. Nationwide employers beware: this practice could be unlawful, depending on where you operate. To promote fair employment practices and close the pay gap for women and people of different […]
The momentum on paid sick leave laws has not slowed down and states, counties and cities across the United States – and even the federal government – are continuing to propose and implement mandatory paid sick leave laws. So far approximately 40 states, cities and counties have implemented mandatory paid sick leave laws. These states […]
