This month, the Department of Labor’s Wage and Hour Division (“Division”) issued an opinion letter that, once again, reversed the Division’s position as to which service industry employees may be subject to the “tip credit.” For those who do not know, the tip credit permits an employer to pay its tipped employees not less than […]
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Previously, agreements prohibiting former employees from soliciting a former employer’s employees were generally considered enforceable, so long as they had reasonable terms. Earlier this month, however, the California Court of Appeal issued a decision, AMN Healthcare v. Aya Healthcare Services Inc., calling into question the validity of any employee non-solicitation agreement. The Court in AMN […]
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The U.S. Equal Employment Opportunity Commission (“EEOC”) is cracking down on employers for maintaining leave policies that the EEOC deems a violation of the Americans with Disabilities Act (“ADA”). These so-called “100 percent healed” policies require an employee returning from medical leave to be fully recovered and to work without any restrictions. According to the EEOC’s […]
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Check out the latest from Snell & Wilmer’s Employee Benefits and Compensation attorneys regarding annual cost-of-living increases. Read on here.
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Yesterday, the Supreme Court of the United States unanimously held in Mount Lemmon Fire District v. Guido that the Age Discrimination in Employment Act (“the Act”) applies to state and local government employers, regardless of their size. The Act defines “employer” as “a person engaged in an industry affecting commerce who has twenty or more […]
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The Tenth Circuit Court of Appeals, in its October 3, 2018 opinion, reiterated that a worker’s status as an employee or an independent contractor cannot be determined by corporate formalities or labels alone. In Acosta v. Jani-King of Okla., Inc., Case No. 17-6179, 2018 WL 4762748 (10th Cir. Oct. 3, 2018), the court found that […]
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A potential watershed ruling that a former Grubhub delivery driver was properly classified as an independent contractor rather than an employee is a victory for gig economy companies who hope the decision will help defeat similar lawsuits and provide some needed clarity in this area. However, the debate in this regard is far from over. […]
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The U.S. Department of Labor (“DOL”) abandoned its former test for assessing whether interns qualify as “employees” under the Fair Labor Standards Act (“FLSA”). Aligning itself with several appellate courts, including the Ninth and Second Circuits, the DOL now embraces a seven-factor “primary beneficiary” test to distinguish employees from bona fide interns. The test enables […]
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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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Completing and complying with a government supplied “Independent Contractor Certificate” presumptively establishes an independent contractor legal relationship for Arizona state law purposes. See A.R.S. § 23-1601(B). The effect of this Arizona form Independent Contractor Certificate on federal law questions involving independent contractor status is yet to be determined. For more information, click here.
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