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. […]
Be careful about throwing the type of office holiday party that gets everyone taken off the “Nice List.” In many circumstances, an employee’s bad behavior, or even their guest’s bad behavior, may be imputed to the employer that sponsors the event. Before you take a second look at your guest list, there are some tips […]
The Idaho Human Rights Commission considers Title VII and other discrimination claims arising in Idaho. For practitioners in other jurisdictions, the nomenclature there could lead to mistakes. The kick-off there is not a “claim,” but a “complaint.” This can be confusing and lead to the incorrect assumption that a claim has already been pursued to […]
On November 6, 2017, Arizona Governor Doug Ducey signed an Executive Order (EO) implementing a “ban-the-box” initiative for applicants of employment with the State. Ban-the-box initiatives eliminate questions about a prospective employee’s criminal convictions and history on job applications. These initiatives have been gaining steam across the U.S. and, more recently, Arizona. The State of […]
Snell & Wilmer’s Labor and Employment Practice Group is pleased to announce it has been widely recognized in both the national and metropolitan rankings by U.S. News Media Group and Best Lawyers® for the 2018 edition of “Best Law Firms.” We achieved the following Tier 1 rankings: National Tier 1: Litigation – Labor & Employment […]
Recently, Jerry Jones – the outspoken owner of the Dallas Cowboys – announced an official policy that any of his players who kneeled during the national anthem would be benched. On October 11, United Labor Unions Local 100, based in Texas, filed an unfair labor practice charge with National Labor Relations Board (NRLB) asserting that […]
Many employers are unsure about the NLRB’s deferral to arbitration rules. For nearly 60 years the National Labor Relations Board (NLRB) had applied the “Spielberg/Olin” standard in cases involving whether to defer to a decision reached through a grievance/arbitration procedure in a union contract. Under this standard, the NLRB would defer IF the following factors […]
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 […]
Many employers have implemented mandatory arbitration policies requiring that all employment related disputes be resolved through final and binding arbitration rather than in traditional court proceedings. In addition to these potential benefits, many employers have added class action waivers to their arbitration policies, in essence requiring that claims be brought on an individual basis only, and […]
The updated USCIS Form I-765 now allows foreign nationals in certain categories or classifications to obtain an Employment Authorization Document (“EAD”) and a Social Security Number in a single form. See here. EADs serve as documentation to show employers that an individual is authorized to work in the U.S. for a specific time period. Previously, applicants […]
