New >>> Legislative Affairs and Action Center
January 9, 2012
NLRB Decision Attacks Class and Collective Action Waivers in Mandatory Arbitration Agreements
In a far-reaching decision issued on Friday, January 6, 2012, two members of the National Labor Relations Board (NLRB) ruled it is a violation of federal labor law for employers to require employees to sign mandatory arbitration agreements that do not allow for employees to bring class or collective claims before an arbitrator or court. more >>>
January 3, 2012
NLRB Postpones Effective Date of Rights Posting Rule to April 30, 2012
On December 23, 2011, the National Labor Relations Board ("NLRB") announced that it is postponing the effective date of its employee rights notice-posting rule. The postponement was made in response to a request of a federal court in Washington, D.C. that is currently hearing a legal challenge to the proposed rule. more >>>
November 30, 2011
NLRB Votes To Change Representation
Election Proceedings
Today, the National Labor Relations Board (NLRB) voted 2-1 in favor of changing representation election proceedings by adopting a number of the changes included in its proposed rule, which was published in the June 22nd issue of the Federal Register. The adopted rule revises the process for union representation elections, shortening the time from the filing of the election petition until the actual vote is held and thereby making it easier for unions to win elections and more difficult for employers to communicate with employees prior to the vote. more >>>
October 7, 2011
PIONEER HOTEL SUED BY EEOC FOR HARASSMENT OF LATINOS, RETALIATION
Pioneer Hotel, Inc., a popular hotel and casino in Laughlin, Nev., violated federal law when it failed to stop the harassment of a class of Latino room attendants and retaliated against those who reported it, the U.S. Equal Employment Opportunity Commission (EEOC) charged in a lawsuit it filed today. more >>>
October 6, 2011
NLRB Delays Effective Date of Employee Rights Notice
Today, the National Labor Relations Board (NLRB) issued a press release announcing its decision to postpone the implementation date for the new NLRA employee rights notice. According to the NLRB, the initial effective date of November 14, 2011 has now been pushed back to January 31, 2012 to allow for enhanced education and outreach to employers... more >>>
September 1, 2011
NLRB Hands Down Union-Friendly Decisions
As expected, the end of Chairman Wilma Liebman's term at the National Labor Relations Board (NLRB) did not end without an onslaught of radical, precedent-reversing decisions. On August 30, the Board published three very significant 3-1 decisions signed by Liebman in the closing hours of her term... more >>>
July 1, 2011
Wage and Hour Update: Nevada Recognizes Creative Professional Exemption – No Change in State Minimum Wage
On June 1, 2011, Governor Brian Sandoval approved SB 328, which adds another exemption from overtime requirements by expanding the definition of "professional" to include individuals employed in creative arts. This new exemption follows closely on the heels of the Nevada Labor Commissioner's determination that Nevada's minimum wage will not increase on July 1, 2011. Both developments are summarized below... more >>>
June 21, 2011
High Court Rules Against Certification of Class of 1.5 Million Workers
This morning, the U.S. Supreme Court ruled that a case brought on behalf of some 1.5 million female current and former employees of Wal-Mart should not have been certified as a class action. According to the Court, the plaintiffs were required to show that their claims depended on a common contention of such a nature that it was capable of classwide resolution – in this case, evidence that Wal-Mart "operated under a general policy of discrimination." But, the Court found that "[o]ther than the bare existence of delegated discretion, respondents have ...more >>>
May 27, 2011
Supreme Court Rules Arizona's Immigration Law Is Not In Conflict With Federal Law
On May 26, 2011, with Chief Justice John Roberts writing for the 5-3 majority, in part joined by Justices Scalia, Kennedy and Alito, the U.S. Supreme Court concluded that federal immigration law does not preempt or invalidate an Arizona law, which subjected state employers to sanctions for knowingly or intentionally employing unauthorized aliens and which required that all Arizona employers use E-Verify. According to the high court, in enacting its law, "Arizona has taken the route least likely to cause tension with federal law...more >>>
May 17, 2011
U.S. Supreme Court Rules Employees in ERISA Suit Do Not Need To Show Detrimental Reliance
Today, in an opinion authored by Justice Stephen Breyer, the U.S. Supreme Court ruled that a summary of material modifications (SMM) and a summary plan description (SPD) are not themselves plans under the Employee Retirement Income Security Act (ERISA) and thus cannot be enforced under ERISA §502(a)(1)(B), which, in part, allows plan participants and beneficiaries to bring lawsuits to enforce the "terms of the plan."...more >>>
April 28, 2011
Divided Supreme Court Endorses Use of Class Arbitration Waivers
On April 27, 2011, a divided U.S. Supreme Court held that the Federal Arbitration Act (FAA) protects an employer's right to include a class action waiver in its arbitration agreement even though a state law bars such provisions as unconscionable. In a 5-4 decision, the Court found that "[s]tates cannot require a procedure that is inconsistent with the FAA, even if it is desirable for unrelated reasons." AT&T Mobility LLC v. Concepcion, No. 09-893, U.S. Supreme Court (April 27, 2011)...more >>>
April 5, 2011
Feedback Wanted For Nevada's Health Insurance Exchange Plan
The Nevada Division of Health Care Financing and Policy will be hosting several public forums to hear what HR professionals, business owners, and the public have to say about how Nevada will enact the provisions of the Patient Protection and Affordable Care Act (PPACA)...more >>>
March 25, 2011
Final ADA Amendments Act Regulations Issued
The Final Regulations implementing the ADA Amendments Act (ADAAA) signed into law by President George W. Bush on September 25, 2008, were issued by the Equal Employment Opportunity Commission (EEOC) and published in the Federal Register on March 25, 2011. The Final Regulations come after review of more than 600 public comments concerning the Proposed Regulations that were first published in the Federal Register in late 2009. The EEOC also has revised and reissued its Interpretive Guidance on Title I of the ADA to help explain and illustrate the changes in the Regulations...more >>>
March 24, 2011
Supreme Court Finds Oral Complaints Can Form Basis for FLSA Retaliation Suit
On March 22, with Justice Stephen Breyer writing for the 6-2 majority, the U.S. Supreme Court held that an employee may proceed with his retaliation lawsuit brought under the Fair Labor Standards Act (FLSA). According to the high court, the statutory term "filed any complaint" includes oral, as well as written, complaints. This ruling signals yet another expansion of the anti-retaliation laws. Kasten v. Saint-Gobain Performance Plastics Corp., No. 09-834, U.S. Supreme Court (March 22, 2011)...more >>>
March 18, 2011
Legislative Alert – Fair Employment Act Introduced
The Fair Employment Act of 2011 (H.R. 1113), drafted by Johnson, would amend the Civil Rights Act to make it illegal for employers to refuse to hire or to lower compensation for a person because of employment status... more >>>
March 7, 2011
U.S. Supreme Court Rules On "Cat's Paw" Theory
On March 1, with Justice Antonin Scalia writing a unanimous opinion, the U.S. Supreme Court ruled that an employer may be held liable for employment discrimination under the Uniformed Services Employment and Reemployment Rights Act (USERRA) based on the discriminatory animus of an employee who influenced, but did not make, an ultimate employment decision.
In interpreting the so-called "cat's paw" theory of liability, the high court declined to adopt the "hard-and-fast rule" suggested by the employer that a decisionmaker's independent investigation and rejection of an employee's allegations of discriminatory animus should negate the effect of any prior...more >>>
January 26, 2011
Action Requested: NLRB Regulatory Action Alert
Taken from SHRM HR Voice
On December 22, 2010, the National Labor Relations Board (NLRB or "Board") issued a proposed rule requiring covered employers to post notices informing employees of their rights under the National Labor Relations Act (NLRA).
Unlike many federal statutes, the NLRA contains no statutory requirement to post such a notice. The proposed notice itself contains a detailed, selective list of employee rights conferred by the NLRA....more >>>
January 24, 2011
High Court Rules Workers May Sue For Third–Party Retaliation
Under
Title VII
Submitted By: Shaun Haley, SNHRA Board of Directors, Of Counsel, Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
This morning, with Justice Antonin Scalia writing an opinion supported by eight justices, the U.S. Supreme Court held that an employee who was fired shortly after his fiancée filed a bias charge against her employer may sue under Title VII of the Civil Rights Act of 1964 for third-party retaliation. According to the high court, the employee could be considered an "aggrieved person" under Title VII because he was "well within the zone of interests sought to be protected by Title VII." Thompson v. North American Stainless, LP, No. 09–291, U.S. Supreme Court (January 24, 2011).
January 6, 2011
New W-4 Form
The IRS has recently released the new 2011 W-4 form. Below is a link to the new form directly from the IRS.gov website.
For those SNHRA members who are also SHRM members, SHRM's HR Knowledge Advisors can assist more >>>
December 28, 2010
SNHRA New Membership Options
The Holiday Season is a busy time for all of us. We wanted to stop and take a moment to wish our valued Members and Guests a Happy Holiday Season,and take this opportunity to share some exciting new membership news with you.
A large majority of our membership accounts are scheduled for renewal December through March. After receiving feedback from our members, we have decided to make some positive changes to our membership options and pricing in time for renewal season... more >>>
July 2, 2010
SNHRA & Social Networking: Married at Last!
SNHRA is proud to announce that we have created a Facebook page and a Twitter account for our Members and Guests to stay better connected to the Association and to each other.
We have been asked by many of our members to increase our information and contact methods beyond email and snhra.org... more >>>
January 21, 2009
Welcome to the new SNHRA.org website!
We are excited to announce the launch of the completely re-written and re-designed SNHRA.org! Our members were the first to see and click around on the new site before we went to wide release today, January 21, 2009!
The site was designed and optimized using the latest CSS and PHP technology for lightening fast browsing and database functionality... more >>>
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