Trial Tested. Trial Ready.

At the Intersection of Business and Law

We see the Big Picture Before Others Do.

Arizona Employment Law & Business Litigation Since 1996

Faulkner Law Offices is the premier law firm for your employment and business law needs. With decades of experience, our firm excels at providing timely solutions and effective results. From the very first phone call through every step of the process, you’ll get approachable, honest and skillful legal representation. We welcome challenges, complex facts and difficult claims.

The firm prides itself on providing clients with large law firm expertise at cost-effective fees. Most importantly, we are a results-oriented firm and will always be candid and up front with you about your individual legal situation. Through strong negotiation, an unwavering dedication to our clients and a solid understanding of the applicable laws, we are committed to providing the very best legal representation possible. We are trial tested and trial ready.

Faulkner Law Offices is an Arizona-based firm, serving clients statewide, including the Phoenix and Scottsdale communities. We provide dedicated and dependable legal representation to individuals and businesses of all sizes, focusing in the following legal practice areas:

Employment Law

We represent both employees and employers in a variety of legal claims, including: wage and hour (FLSA), whistleblower, Title VII (employment discrimination), the Family and Medical Leave Act (FMLA) and the Americans with Disabilities Act (ADAA).

Business Litigation

Business litigation matters including breach of contract actions of all varieties.

Accident and Personal Injury Law

Faulkner Law Offices handles wrongful deaths or injuries resulting from another person’s or company’s negligence arising out of motor vehicle accidents, dog bites, premises liability and/or from the use of defective products.

Latest Blog Entry

New Arizona Law Provides Rebuttable Presumption of Independent Contractor Status

A new Arizona law (A.R.S. § 23-1601), effective August 6, 2016, attempts to help businesses to correctly determine which of its workers are employees and which are independent contractors. The issue of classifying a worker as an employee or an independent contractor has been hotly debated in recent litigation, frequently with workers, or a government agency with oversight of workplace compensation issues, alleging worker(s) were misclassified as independent contractors and thus are entitled retroactively to the benefits afforded employees (e.g., overtime, paid days off, benefits). The new Arizona law establishes a standard permitting an independent contractor to self-identify that relationship by executing a Declaration of Independent Business Status (Declaration). The Declaration and the statute itself list four factors that must be present for the working relationship to be that of independent contractor. But that is not the end of the test: the Declaration and statute also list ten other factors of which six must exist for the working relationship to be that of an independent contractor. If the independent contractor signs the Declaration attesting that all four required factors and six of the ten optional factors are met, the law will recognize a rebuttable presumption of an independent contractor relationship. Unfortunately, obtaining a signed Declaration that complies with A.R.S. § 23-1601 will not guarantee that the business is immune from an independent contractor misclassification challenge by workers or agencies. Rather, the existence of an executed Declaration places the burden on the independent contractor or agency claiming employee status to disprove the presumption of the independent contractor relationship created by the Declaration (a rebuttable presumption). If strong facts indicate an... read more

Significant Changes to Overtime Laws; Are You Ready?

After much ado, on May 18, 2016, the Department of Labor (DOL) released the final changes to Part 541 regulations, more than doubling the minimum salary threshold to qualify for the executive, administrative, and professional exemptions to the Fair Labor Standards Act (FLSA). Effective December 1, 2016, the minimum salary threshold will increase from $23,660 per year to $47,476 per year.  This increase is set to automatically adjust every three years beginning on January 1, 2020.  Although the salary required to qualify for these exemptions will increase, the job duties test has not changed. Under the final regulations, employees who do not receive the new minimum salary level as of December 1, 2016, will not qualify for any of these three exemptions from the FSLA’s overtime compensation requirements, regardless of their job duties. Nonexempt employees must be paid overtime compensation when they work more than 40 hours in a workweek. The DOL is implementing a time-limited non-enforcement policy for providers of Medicaid-funded services for individuals with intellectual or developmental disabilities in residential homes and facilities with 15 or fewer beds. This non-enforcement policy will run from December 1, 2016, to March 17, 2019.  Although this should provide some relief for this single group of employers, it does not appear that the DOL intends to provide similar carve-outs to other service providers whose income streams are based on Medicaid-funding, grant-funding, or similar sources. The December 1 effective date means that employers will have about six and one-half months to analyze the impact and make necessary adjustments. We recommend employers begin this analysis now to avoid costly overtime claims down the... read more

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