The EEOC’s position that extended leave may be a reasonable accommodation under the Americans with Disabilities Act (“ADA”) has long frustrated employers who are left without much guidance to determine what is “reasonable.” According to the EEOC, this could be a leave of absence in excess of several months or more. In a recent decision, […]
DW
As we get ready for flu season employers are faced with the quandary of what to do when they want a healthy workplace in order to maintain productivity and morale but they still need to respect individual employee’s beliefs about flu vaccines. Both federal and state laws impact what employers can and cannot do. One […]
AS
With the confirmation of William Emanuel by the Senate on September 25, 2017, the NLRB has a Republican majority. Democrat/union lawyer members had been in the majority for many years. Republican Marvin Kaplan had been confirmed by the Senate on August 2, 2017, and the Republican member Phillip Miscimarra was appointed Chairman by the President […]
JM
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 […]
BN
TB
There is a reason that employment lawyers often find ourselves warning clients that, “No good deed goes unpunished.” Case in point: many companies offer paid parental leave policies that specifically address and provide paid leave for new mothers to bond with their newborn child. What could possibly be unlawful about that? In many cases, those […]
JK
On September 5, 2017, the Department of Homeland Security (DHS) committed to a wind down of the Deferred Action for Childhood Arrivals (DACA) program. DACA began in August 2012 when DHS started accepting requests for consideration of deferred action for certain young people who came to the United States as children and who met other […]
BN
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 […]
CK
Last Tuesday, the Office of Management and Budget (OMB) halted the Equal Employment Opportunity Commission’s collection of pay data from employer information reports, called EEO-1s. See here. The EEOC finalized the rule related to pay data collection in September 2016 in an attempt to gather information about what the EEOC believes to be pay discrimination that […]
A Texas federal district court judge invalidated the Department of Labor’s (“DOL’s”) controversial Final Rule that would have made more than 4 million currently exempt employees eligible for overtime. On May 23, 2016, the DOL issued its Final Rule which sought to increase the minimum salary threshold to qualify for the “white collar” overtime exemption […]
BN
JL
In a reversal of policy, USCIS has recently been denying pending Form I-131 “advance parole” applications of foreign nationals who leave the United States while that petition is pending, even when the foreign national has an existing valid advance parole document or a valid H, K, L or V visa to return to the United […]
RW
