U.S. employers generally must properly complete Form I-9 for each individual they hire for employment in the United States to verify the identify and employment authorization of that individual. As part of that process, the employee must present the company
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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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…
A Planned Executive Order Regarding Competition
By Mark Morris
Neil Irwin of the New York Times reported on Thursday morning that President Biden is preparing an Executive Order focused on competition policy. He reports that people familiar with the Order say one section has several provisions aimed at increasing…
Union Elections by Mail — Mail-Ballot Solicitation
In a very recent case, the National Labor Relations Board (“NLRB”) confronted the issue of whether a party engages in objectionable conduct if, during a union election campaign, it engages in mail-ballot solicitation. The case is of interest to employers…
Protected Activity or Disloyalty
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…
Affinity Groups and Labor Laws
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
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ESG and Human Capital Reporting: Contemplating Diversity Disclosures
By John Lomax
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…
New Mexico Check-Up: Paid Sick Leave Coming 2022
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…
Inherently Concerted Activities
On March 31, 2021, Peter Sung Ohr, Acting General Counsel (GC) of the National Labor Relations Board (NLRB or Board) issued a Memorandum (GC 21-03) to all NLRB Regional Offices outlining his perspective regarding the prosecution of charges involving whether…
California’s New COVID-19 Supplemental Paid Sick Leave—Senate Bill No. 95
On March 19, 2021, Governor Newsom signed Senate Bill No. 95 which requires covered employers to provide a new bank of supplemental paid sick leave for certain COVID-19-related reasons. This bill goes into effect 10 days from enactment, on March 29, 2021,…