On October 29, 2019, a panel of Seventh Circuit Appellate Court Judges held that the Americans with Disabilities Act (ADA) does not cover alleged discrimination based on future impairments. Shell v. Burlington N. Santa Fe Ry. Co., No. 19-1030, 2019 WL 5558090 (7th Cir. Oct. 29, 2019). The unanimous three-Judge panel ruled in favor of employer, BNSF […]
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Part 1 of Snell & Wilmer’s 2019 End of Year Plan Sponsor “To Do” List, covering health and welfare plan issues, is out now! You can access the full newsletter here.
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Recently, the U.S. Equal Employment Opportunity Commission (“EEOC”) announced that it is extending indefinitely the September 30, 2019 deadline for eligible employers to submit their EEO-1 Component 2 reports. For more information on the Component 2 requirement, click here. In a status report filed on September 27, 2019, as part of litigation surrounding the compensation […]
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Since April 30, 2018, when the landmark California Supreme Court decision in Dynamex Operations West, Inc. v. Sup. Ct. (2018) 4 Cal.5th 903 (Dynamex) was issued, companies across the state have questioned whether the ABC independent contractor test adopted in that decision applies to them and/or their workers, how far it may apply, and whether it applies […]
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On September 26, 2019, the Senate confirmed labor and employment attorney Eugene Scalia for Labor Secretary, in a 53-44 vote that was divided along party lines. Scalia served as the Labor Department’s chief legal officer from 2002-2003, before entering private practice. The son of the late Supreme Court Justice Antonin Scalia, Eugene Scalia will assume […]
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California Assembly Bill 5 has been branded as the killer of the gig economy. It adds to the California Labor Code a new test for deciding who is properly classified as an independent contractor. Workers will be considered employees for purposes of the Labor Code, unless the hiring entity can prove that: (a) the person […]
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The summer edition of Snell & Wilmer’s Under Construction newsletter has been published. See here. The Labor and Employment team contributed to this issue. Mark Morris provides a recent update on Utah construction and negligence law, and John Lomax, Swen Prior, Marian Zapata-Rossa, and Rubi Bujanda discuss the evolving Arizona and Nevada marijuana laws in […]
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As we reported last year, “Times They Are a-Changin’” [see article here]. 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 result, employers are now prevented from rejecting job seekers because they failed a test […]
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On June 3, 2019, the United States Supreme Court (“Supreme Court”) unanimously held in Fort Bend County v. Davis that federal courts may be able to hear claims brought under Title VII of the Civil Rights Act of 1964 (“Title VII”) without the complainants having first brought their claims to the United States Equal Employment Opportunity Commission […]
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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 independent contractor for wage order claims. As many commentators explained, the court significantly changed the […]
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