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A Planned Executive Order Regarding Competition

Neil Irwin of the New York Times reported on Thursday morning that President Biden is preparing an Executive Order focused on competition policy.  He reports that people familiar with the Order say one section has several provisions aimed at increasing competition in the labor market.  It is difficult to know what is coming, but one […]

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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 two very strong public policies at war here.  One is that there should be no […]

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Employment Handbooks and Confidentiality

Employers frequently ask if they can maintain rules  requiring employees to keep the contents of their employment handbooks confidential. In a recent memorandum, the General Counsel (GC) (Division of Advice) of the National Labor Relations Board (NLRB) concludes that such rules  are unlawful, as they interfere with the employees’ rights to discuss handbook policies regarding terms […]

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Of Counsel

Snell & Wilmer Secures Appellate Victory Enforcing Restrictive Covenants for First American Title

On October 9, 2018, attorneys from Snell & Wilmer’s Salt Lake City Labor & Employment Group secured a final victory for First American Title Company and First American Title Company LLC by way of a unanimous opinion from the U.S. Court of Appeals for the Tenth Circuit. This win puts to rest a three-year dispute […]

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Employers Will Be Required to Utilize a New “A Summary of Your Rights Under the Fair Credit Reporting Act” Form

Effective September 21, 2018, employers that use nationwide credit reporting agencies for background checks will be required to use a new “A Summary of Your Rights Under the Fair Credit Reporting Act” form (“the Summary”). Read more about the Summary as well as the Economic Growth, Regulatory Relief, and Consumer Protection Act in our Legal […]

What Your Company Can Learn From the Bryan Colangelo Twitter Debacle

Last week, a bizarre story broke regarding Bryan Colangelo, the general manager of the Phildelphia 76ers (a professional basketball team in the National Basketball Association, for all of you non-sports types). According to published reports, Colangelo allegedly created and operated five anonymous Twitter accounts, and used them to criticize his own team’s players and coaches, […]

California Legislature Takes A Strong Stance in Response to #Metoo Movement

The California legislature is looking to pass a host of bills aimed at decreasing sexual harassment in the workplace and increasing rights of victims of sexual harassment: SB 820 bans confidential settlement agreements in cases involving sexual assault, sexual harassment or sex discrimination. This bill would make any such confidential settlement agreement void as a […]

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California Bans Inquiries About Salary History During Hiring Process

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 […]

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