Jill Chasson Unpacks Ninth Circuit’s Latest NLRA Ruling on Employee Wage Discussions in HR Laws

Jill Chasson Unpacks Ninth Circuit’s Latest NLRA Ruling on Employee Wage Discussions in HR Laws

A new opinion from the U.S. Ninth Circuit Court of Appeals reinforced a longstanding, and often misunderstood, truth about workplace rights: Employees can talk with each other about pay. In a recent article for HR Laws, Partner Jill Chasson broke down what the decision means for employers navigating discipline, communication policy, and National Labor Relations Act (NLRA) compliance. In the article, Jill examined a recent wrongful-termination dispute in Phoenix that prompted the court to directly affirm that pay-related conversations qualify as protected concerted activity, for both union and non-union workers, under Section 7 of the NLRA. She highlighted how the ruling strengthens the existing wage transparency position and clarified the risks employers face when disciplinary decisions overlap with discussions about compensation or working conditions. Additionally, Jill offered...

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Jill Chasson Helps Employers Navigate DOJ’s New Anti-DEI Guidance in HR Laws Article

As the federal government continues to ramp up scrutiny of diversity, equity, and inclusion (DEI) practices through executive orders, a Civil Rights Fraud Initiative, and ongoing Department of Justice (DOJ) guidance, employers must take note — and take action — to avoid potential compliance risks and liability. In a new HR Laws article, Partner Jill Chasson broke down the latest DOJ memo and its implications for businesses navigating this shifting legal landscape. In the article, Jill highlighted the DOJ’s view that seemingly neutral criteria such as “lived experience” or “cultural competence” may be unlawful if they function as proxies for protected characteristics. She also explained the agency’s warnings against preferential hiring, diverse-slate requirements, race-based programs, and training content perceived as exclusionary. Additionally, Jill outlined the DOJ’s new...

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Jill Chasson Provides Insight on Noncompete Agreement Challenges in HR Laws Article

In August 2024, just a few months after the Federal Trade Commission (FTC) issued a rule banning nearly all noncompete agreements between companies and workers, a federal judge blocked the rule nationwide. Despite the injunction and dramatic shifts in federal government priorities under a new president, the FTC recently announced that noncompete agreements will remain in its crosshairs. In a recent HR Laws article, Partner Jill Chasson examined the uncertain future of noncompete agreements and provided employers guidance as they navigate the FTC’s continued scrutiny of restrictive employment practices. Jill highlighted the FTC’s commitment to challenging noncompete agreements as part of a broader focus on labor practices. Citing concerns about worker mobility and wage suppression, the agency has even established a task force to investigate deceptive, unfair, and...

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Attorney Jill Chasson

Jill Chasson Contributes Article About Arizona’s Minimum Wage Law for HR Laws

As of Jan. 1, Arizona's minimum wage increased to $14.35 per hour, nearly double the federal minimum. With almost all employers in the state covered by the minimum wage law, understanding compensation structure to ensure employees are being paid in accordance with the law is critical. In an article for HR Laws, Jill Chasson offered up expert insights on potential pitfalls for employers to avoid. Jill explained that unlike many other state-level minimum wage laws, Arizona’s law applies to nearly all employees, including those who are exempt from the federal FLSA's minimum wage and overtime requirements. This can create challenges for employers in at least two areas. First, as the minimum wage increases, employers need to be mindful of the hours worked by those who are...

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Attorney Jill Chasson

Jill Chasson Pens Article Outlining Sanctions & Consequences for Suing Former Employees Without Proper Evidence

When key managerial employees leave a business and additional staff members follow, many employers suspect the departed leadership improperly solicited the others and take hasty legal action — which often backfires.   Attorney Jill Chasson authored an article for HR Laws and Arizona Employment Law Letter detailing how groundless employer claims can lead to a host of bad-faith sanctions. She highlighted Powers Steel & Wire Products (PSW) v. William Powers, a case that was before the Arizona Court of Appeals, which is likely to have a six-figure impact on the employer’s bottom line as a result of such sanctions.    Jill emphasized that when pursuing litigation, an employer must be able to produce evidence of improper conduct and damages from that conduct. Failure to do so can lead...

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Jill Chasson Discusses Ninth Circuit Decision Highlighting Risks of Offensive Music in the Workplace

The United States Court of Appeals for the Ninth Circuit (which includes Arizona) recently ruled that offensive music in the workplace can be considered auditory harassment and provide a basis for a hostile work environment claim under Title VII of the Civil Rights Act of 1964. Employment law partner Jill Chasson explained the case and the importance of the appellate court’s decision in an article for HR Laws. The case involved a warehouse in Nevada where managers and employees continued playing sexually graphic, violent, and misogynistic music despite two years of complaints from both female and male employees. Jill explained that in reviving the case after the trial court dismissed it, the Ninth Circuit confirmed that employers can’t avoid liability by asserting an “equal opportunity harasser”...

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