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Snell & Wilmer’s Labor and Employment Law Blog provides breaking news and updates on legal issues facing employers.

Occupational Opaqueness: The Uncertain Future of OSHA Regulation and the Electronic Recordkeeping and Reporting Rule

The Occupational Safety and Health Administration (OSHA) is still without an agency head six months into the presidency of Donald Trump. As such, the future of OSHA is unclear in light of the president’s promises of less government intervention and less regulation. Should these promises be implemented in the realm of occupational safety and health, […]

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AE
Former Associate

Immigration Update: New Form I-9 Released

On July 17, 2017, U.S. Citizenship and Immigration Services (USCIS) released a revised version of Form I-9, Employment Eligibility Verification. The form is available here. Form I-9 is used for verifying the identity and employment authorization of individuals hired for employment in the United States. All U.S. employers must ensure proper completion of Form I-9 […]

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Think Before You Ask: New Laws Banning Employers From Asking Job Applicants About Their Salary and Wage History

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 […]

New Guidance on Paid Sick Time: Industrial Commission of Arizona Supplements its Proposed Regulations

The Industrial Commission of Arizona (“ICA”) has issued a Notice of Supplemental Proposed Rulemaking (“Notice”) for Proposition 206, otherwise known as the Fair Wages and Healthy Families Act (the “Act”), available here. The Act, requiring certain employers to provide a minimum amount of paid sick time to Arizona employees, takes effect July 1, 2017.

Does Your Federal Contractor Paid Sick Leave Policy Comply with Prop. 206?

Companies that entered into qualifying federal contracts since January 1, 2017 are required to have a sick leave policy, or an equivalent paid time off policy, that complies with federal Executive Order 13706. That Executive Order requires, among other things, that employers provide up to 56 hours of paid sick time each year. Arizona’s Fair […]

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Paid Sick Leave Won’t Go Away

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 […]

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AS
Former Associate

Harassment in the workplace: Where do we stand? Where are we going?

In 2016, the EEOC developed a task force gathered leading scholars, regulators, and attorneys in discrimination law and asked them to analyze the state of American workplace discrimination. The task force confirmed what we expected and expanded on what we knew.  Discrimination of all forms—whether racial, religious, ethnicity, or otherwise—in the workplace remains a lingering, […]

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CM
Former Associate

Breaking Immigration Developments: President Trump’s Second Travel Ban Halted

In his first 100 days in office, President Trump has entrenched himself in a battle against the federal courts to enforce his now-infamous travel bans. Just over a year ago, the then-candidate Trump called for a ban of all Muslims from entering the US.  After taking office, the President signed two executive orders designed to […]

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CM
Former Associate

California Employers Must Pay Commissioned Employees Separate Rest Break Pay

In California, employers are required to provide non-exempt employees with a ten minute paid rest break for every four hours worked or major portion of four hours worked (defined as anything more than two hours). A California appellate court ruled on February 28, 2017, in Vaquero v. Stoneledge Furniture LLC, that employees paid on a […]

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AS
Former Associate
CJ

New Mexico Minimum Wage Increases in 2017

Several cities and counties across New Mexico have recently increased the minimum wage that must be paid to employees working within their jurisdictions. The statewide minimum wage is $7.50 per hour, with a tipped employee wage of $2.13. See NMSA 1978, 50-4-22. However, the City of Albuquerque, Bernalillo County, and City of Las Cruces recently […]

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