In the latest labor law brew-haha, the U.S. Supreme Court reconciled a circuit split by requiring the National Labor Relations Board (NLRB) to marshal substantial proof to win temporary injunctions against employers for alleged unfair labor practices. The decision weakens
Labor and Employment Law Blog
The Labor and Employment Law Blog, published by Snell & Wilmer, covers a range of topics related to labor relations, employment discrimination, workplace policies, and regulatory compliance. It discusses legal developments affecting employer-employee relationships, including National Labor Relations Board (NLRB) actions, Supreme Court rulings on labor and discrimination law, Department of Labor regulations on worker classification, and state-specific employment law updates such as wage and hour rules and pay transparency. The blog also addresses litigation strategies, union activities, and the impact of new laws on workplace practices and employer obligations.
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New U.S. Supreme Court Case Casts a Wide Net on What Is Considered Discrimination
By Tiffanny Brosnan and Marian Zapata-Rossa
Title VII, the federal standard for workplace discrimination cases, prohibits discrimination against individuals with respect to their “compensation, terms, conditions, or privileges of employment,” based on the individual’s “race, color, religion, sex or national…
U.S. Department of Labor Issues New Final Rule for Classifying Independent Contractors, Effective March 11, 2024
On January 10, 2024, the U.S. Department of Labor (“DOL”) published a final rule that imposes a new, six-factor test (see below) for determining whether workers are “independent contractors.” The final rule takes effect on March 11, 2024, and will…
US SUPREME COURT TO RULE ON NLRA PREEMPTION OF TORT-BASED SUITS
We frequently confront the issue of whether to institute tort-based suits in state or federal court, on behalf of an employer, seeking to recover damages suffered as a result of picketing, strikes and other activities by labor unions. Currently, that issue sits before the U.S. Supreme…
California End-of-Year Employment Law Wrap Up
It’s that time of year for employers to make their lists and check them twice. While doing so, there are several new employment laws to consider for 2023. The following outlines the major new laws that will affect most employers…
2023: The Year Pay Transparency Becomes a Much Bigger Deal
By John Lomax
The continuing trend of state and local government regulating more aspects of the employment relationship continues, and this time the focus is on pay transparency. These new laws require employers to disclose the pay they offer in job postings. Colorado…
AZ Senate Bill 1403 Imposes New Workers’ Compensation Notice Requirements for Employers
By Chuck Keller
As a result of Arizona Senate Bill 1403, effective September 24, 2022, the Arizona worker’s compensation statute will be amended to add section A.R.S. § 23-1061(N). The new statutory provision applies when an insurance company and/or a self-insuring employer receives…
Fair Labor Standards Act Update: Recent Federal Court Decisions Signal Potential Trend Against Requiring Judicial Approval of FLSA Settlements
By Joe Kroeger
On August 8, 2022, a Kentucky federal judge granted two stipulated dismissals filed by plaintiffs in a conditionally certified Fair Labor Standards Act (“FLSA”) case—without first reviewing and approving the settlement entered into between the parties. U.S. District Judge Benjamin…
NLRB AWARDS BARGAINING EXPENSES TO UNION
In a recent case, the Court of Appeals for the 9th Circuit enforced an order of the National Labor Relations Board (“NLRB” or “Board”) requiring an employer to reimburse the union for the expenses that the union incurred during collective bargaining…
Two More States Enact CROWN Act Laws Prohibiting Discrimination Based on Hair Texture and Style
By Jennifer Yee