Snell & Wilmer

by Patrick J. Paul On April 27, 2021 Governor Doug Ducey sent a letter to Secretary of Defense Lloyd Austin requesting the Department of Defense (DOD) identify and treat water in Arizona contaminated in the areas surrounding four defense installations and prevent additional human exposure to per- and polyfluoroalkyl substances (PFAS) from other DOD facilities in Arizona. The four installations with known impacts to groundwater—Luke Air Force Base, Davis-Monthan Air Force Base, Morris Air National Guard…
In a recent case, the National Labor Relations Board (NLRB) Division of Advice addressed the question of whether a grocery store employee posting, on his personal Facebook and Instagram accounts, constituted protected activity for which  the employee could not be disciplined without violating the NLRA (National Labor Relations Act – the Act). Because this issue comes up with frequency, employers should be alerted to the analysis that the NLRB applies in determining whether any discipline…
Employers should be aware that depending on the circumstances, Employee Resource Groups or diversity, equity, and inclusion groups may be considered labor organizations under the NLRA. Further, employers should avoid the appearance of interfering, dominating, or unlawfully supporting such organizations. To learn more, click here.  …
Institutional investors and other stakeholders are seeking better information from public companies on workforce diversity. Company executives and boards are discussing how and what to disclose, and many observers believe the SEC will mandate further disclosures. Auditors are even mapping out attestation services for ESG reporting. But when it comes to disclosing Human Capital information, straightforward and satisfactory answers are elusive. For SEC-reporting companies there are few established norms when it comes to diversity-related disclosures, let…
Beginning July 1, 2022, New Mexico will require private employers to provide up to 64 paid sick leave hours to their employees each year. The Healthy Workplaces Act (“HWA”) was signed by Governor Michelle Lujan Grisham on April 8, 2021 and brings New Mexico alongside 15 other states with paid sick time laws. Notably, the state-wide law follows Bernalillo County Ordinance 2019-17, which mandates employers within the county provide paid time off. That ordinance took…
by Fred Breedlove The U.S. Bureau of Reclamation’s April 24-Month Study, published this week, as expected, signals a significant likelihood of reduced water deliveries in the Lower Basin of the Colorado River to Arizona, California, and Nevada. Not only does it suggest a high likelihood of Tier 1 reductions for 2022 and 2023, but it also suggests that the Lower Basin is at higher risk of confronting Tier 2 conditions. As I have discussed…
By Patrick J. Paul On April 19, 2021, America’s civil space program – the National Aeronautics and Space Administration (NASA) made history when its Mars Ingenuity helicopter made the first ever powered, controlled flight on another planet.  With it, the once comical world of the Jetsons becomes increasingly real. The solar-powered helicopter first became airborne at 3:34 a.m. EDT – 12:33 Local Mean Solar Time (Mars time) – when NASA’s Ingenuity team determined it would…
This year is off to a fast start and plan sponsors might find their heads spinning as they try to keep track of rapidly developing employee benefits legislation and guidance.  We periodically consolidate key newsletters and blog posts to help our readers stay organized and catch up on anything they might have missed in the mayhem.  Below, please find links to several SW Benefits Updates and blog posts covering critical developments in the employee benefits…