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New Employee Safety Bill May Increase Litigation in California

The California Senate recently pass a bill which, if enacted, would permit employees in California to refuse to report to work when they feel “unsafe.”  The bill purports to apply during major natural disasters and states of extreme peril, but contains little limit on what may constitute an emergency condition permitting an employee to refuse […]

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NLRB General Counsel Memorandum Reveals New Enforcement Strategy Affecting All Employers

In her first memorandum as General Counsel, Jennifer Abruzzo laid out a clear agenda for the new enforcement priorities of the National Labor Relations Board (“NLRB”). All unionized and nonunionized private sector employers face the changes that are contemplated in Memorandum GC 21-04, released August 12, 2021. The Memorandum provides a detailed roadmap of the legal […]

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Checking In On The PRO Act

As we previously reported, the Protecting the Right to Organize (“PRO”) Act is pending before Congress.  With the Pro Act, House and Senate Democrats seek to amend the National Labor Relations Act.  Some of the most significant provisions in the PRO Act include provisions that would override state “right-to-work” laws; increase regulation of employer communication […]

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JL
Partner
RB
Former Associate

A Recent Supreme Court Decision Impacts Union Organizing for Agricultural Workers in California

In a 6-3 decision, the United States Supreme Court ruled in favor of two fruit growers who challenged a California state regulation which granted union organizers limited access to agricultural employers’ properties for the purpose of promoting union efforts. The Court’s recent decision in Cedar Point Nursery v. Hassid held that the regulation which allowed unions to “take […]

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JM
Of Counsel
AM
Former Associate

Judge Red Cards U.S. Women’s Soccer Team’s Equal Pay Claim

The U.S. Women’s National Soccer Team’s (“WNT”) battle to increase pay in line with that afforded to the U.S. Men’s National Soccer Team (“MNT”) was dealt a blow last Friday as a judge dismissed their Equal Pay Act (“EPA”) claim. The WNT has dominated the MNT in nearly every aspect of U.S. soccer, from match results, […]

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Can California Payroll Companies Be Held Liable for Wage Statement Claims?

California law provides that a payroll service provider cannot be held liable for labor code violations –  but, a California appeals court recently held that employees may pursue tort claims against payroll service providers under a theory that the payroll service provider is a third-party beneficiary of the employer’s contract with the employee. On December […]

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AM
Former Associate

Snell & Wilmer Secures Appellate Victory Enforcing Restrictive Covenants for First American Title

On October 9, 2018, attorneys from Snell & Wilmer’s Salt Lake City Labor & Employment Group secured a final victory for First American Title Company and First American Title Company LLC by way of a unanimous opinion from the U.S. Court of Appeals for the Tenth Circuit. This win puts to rest a three-year dispute […]

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Ring the Bell! Snell & Wilmer’s Labor and Employment Group Is Recognized in 2019 “Best Law Firms”

The U.S. News Media Group and Best Lawyers® issued a 2019 edition of “Best Law Firms,” ranking law firms and practice groups on national and metropolitan tiers. Rankings are based on a number of factors, including evaluations by clients, lawyers, and peer reviews. Snell & Wilmer’s Labor and Employment Group ranked on multiple fronts, including: […]

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AM
Former Associate

1 Reminder: Leave Can Be an ADA Reasonable Accommodation — Due in: Now

On February 1, the U.S. Equal Employment Opportunity Commission filed a lawsuit alleging that Tennessee-based West Meade Place LLP violated the Americans with Disability Act (“ADA”) when it denied an employee’s requested leave as a reasonable accommodation for her anxiety disorder. The employer subsequently discharged the employee when she did not provide a note from […]