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  • Article

    The Equal Employment Opportunity Commission Changes Its Internal Procedures For Selecting Which Cases To Litigate

    At the conclusion of the EEOC's administrative process, if a discrimination Charge has not otherwise been resolved, the Agency issues an administrative decision finding either merit to the Charge or not.
    United StatesEmployment and HR
    Snell & Wilmer
    Snell & Wilmer
  • Article

    Employers May Face Higher Damages In NLRB Cases

    In a recent Memorandum to the Regional Offices (September 8, 2021), the General Counsel ("GC") of the National Labor Relations Board ("Board" or "NLRB") directs the...
    United StatesEmployment and HR
    Snell & Wilmer
    Snell & Wilmer
  • Article

    Fighting Abuse In The Workplace – NLRB Examines Employee Abusive Conduct Under NLRA Law

    Employers often confront situations involving employees' argumentative, aggressive, and opprobrious conduct during department or other group meetings, evaluations, or disciplinary meetings with supervisors.
    United StatesEmployment and HR
    Snell & Wilmer
    Snell & Wilmer
  • Article

    Sixth Circuit U.S. Court Of Appeals Reinstates Vaccine Mandate For Businesses With 100 Employees

    On Friday, December 17, 2021, the Sixth Circuit U.S. Court of Appeals lifted the stay on the Occupational Safety and Health Administration's vaccine mandate (the "OSHA Rule").
    United StatesEmployment and HR
    Snell & Wilmer
    Snell & Wilmer
  • Article

    Transgender Benefits Revisited?

    In a series of tweets published on July 26, 2017, President Trump announced a ban on transgender service in the armed forces.
    United StatesEmployment and HR
    Snell & Wilmer
    Snell & Wilmer
  • Article

    Wellness Incentives Under Scrutiny After District Court Decision

    In the most recent updates to the AARP v. EEOC wellness case, the District Court for the District of Columbia has ordered the EEOC to review the wellness regulations related to GINA and ADA ...
    United StatesEmployment and HR
    Snell & Wilmer
    Snell & Wilmer
  • Article

    Open Enrollment Looms And ACA Changes Are Uncertain – What Are Employers To Do?

    With fall open enrollment fast approaching, employers may be wondering what actions to take with respect to their health plans.
    United StatesFood, Drugs, Healthcare, Life Sciences
    Snell & Wilmer
    Snell & Wilmer
  • Article

    OSHA Ordered To Cease Implementation Of Vaccination And Testing ETS Pending Further Court Order

    On Monday, November 8, 2021, Snell & Wilmer published a Legal Alert explaining that, on November 6, 2021, the Fifth Circuit Court of Appeals in New Orleans granted a stay and suspended the federal OSHA...
    United StatesEmployment and HR
    Snell & Wilmer
    Snell & Wilmer
  • Article

    Ninth Circuit Determines Tribal Corporation May Be Subject To State Taxation Laws

    On June 21, the U.S. Court of Appeals for the Ninth Circuit held that the district court properly dismissed the claims of Big Sandy Rancheria Enterprises ("Big Sandy"), a federally chartered tribal corporation of the...
    United StatesTax
    Snell & Wilmer
    Snell & Wilmer
  • Article

    Federal Court Rejects Request For "Mootness Fee" In Merger Litigation

    Shortly after the complaint was filed Nuance filed a supplement to its proxy statement that included the additional information identified by the plaintiff thus rendering the plaintiff's claims moot.
    United StatesCorporate/Commercial Law
    Snell & Wilmer
    Snell & Wilmer
  • Article

    California Supreme Court Holds That Meal And Rest Break Premiums Must Include Commissions, Bonuses And Other Non-Discretionary Pay

    Most employers in California know that they are required to provide non-exempt employees with a 30-minute meal break whenever the employee works more than five hours, a second 30-minute meal break...
    United StatesEmployment and HR
    Snell & Wilmer
    Snell & Wilmer
  • Article

    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...
    United StatesEmployment and HR
    Snell & Wilmer
    Snell & Wilmer
  • Article

    New Procedures For Employers Managing I-9 Forms

    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.
    United StatesEmployment and HR
    Snell & Wilmer
    Snell & Wilmer
  • Article

    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...
    United StatesEmployment and HR
    Snell & Wilmer
    Snell & Wilmer
  • Article

    Say On Pay Failure Results 2017

    Of the 7% of Russell 3000 companies that received "against" vote recommendations from ISS on their say on pay proposals this 2017 proxy season, some of the cited reasons for the negative vote...
    United StatesEmployment and HR
    Snell & Wilmer
    Snell & Wilmer
  • Article

    Supreme Court Holds Off-Premises Signs Require Less Than Strict Scrutiny Under First Amendment

    The U.S. Supreme Court issued an opinion on April 21 addressing the regulation of "off-premises" signs, holding that such regulations are not subject to strict scrutiny under the First Amendment.
    United StatesLitigation, Mediation & Arbitration
    Snell & Wilmer
    Snell & Wilmer
  • Article

    U.S. Supreme Court: More Limited Federal Court Jurisdiction Over Arbitration Awards

    Earlier this week, the U.S. Supreme Court held that federal courts lack the authority to hear applications to confirm or vacate arbitral awards under Sections 9 and 10 of the Federal Arbitration Act (FAA) ...
    United StatesLitigation, Mediation & Arbitration
    Snell & Wilmer
    Snell & Wilmer
  • Article

    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.
    United StatesEmployment and HR
    Snell & Wilmer
    Snell & Wilmer
  • Article

    Union Elections By Mail — Mail-Ballot Solicitation

    In a very recent case, the National Labor Relations Board ("NLRB" or "Board") confronted the issue of whether a party engages in objectionable conduct if, during a union election campaign...
    United StatesEmployment and HR
    Snell & Wilmer
    Snell & Wilmer
  • Article

    Travel Ban Round Two

    In response to the Omicron variant of COVID-19, the Biden Administration reinstated travel restrictions for certain foreign nationals through Presidential Proclamation 10315.
    United StatesImmigration
    Snell & Wilmer
    Snell & Wilmer

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