Employment Law, Business Litigation & Personal Injury Legal Updates
An Overview of Arizona and Federal Wage Laws
Although Arizona generally follows federal wage law, state minimum wage laws are more favorable, providing a higher minimum wage, an extended statute of limitations for minimum wage violations, and the potential for employees to recover triple damages on claims for...
Minimum Wage and Overtime Rights of Tipped Employees
Many Arizona workers, such as wait staff, bartenders and housekeepers are considered “tipped employees.” State and federal wage laws allow employers to pay “tipped employees” a reduced hourly wage, below the applicable minimum wage. Recall federal minimum wage...
Minimum Wage Violations = Maximum Penalties
Arizona minimum wage laws provide both a higher minimum wage than federal law and an extended time to bring a claim. Most important, Arizona minimum wage law violations can result in triple damages, along with an award of costs and fees. Minimum wage violations...
Effective January 1, 2021, Flagstaff’s Minimum Wage Increases to $15.00 an Hour
The City of Flagstaff's Minimum Wage Law, passed in 2017, set a schedule of annual increases. Effective January 1, 2021, the minimum wage jumps to $15.00 an hour for all covered employees, those who worked or are expected to work 25 hours or more in any...
2021 Will See Another Hike to Arizona Minimum Wage
In accordance with A.R.S. § 23-363(B), the Industrial Commission of Arizona has adopted a resolution increasing the minimum wage from $12.00 to $12.15. The increase, effective January 1, 2021, was determined based upon the increased cost of living. Posters, which...
More Potential Covid-19 Employer Liability Claims
The news has warned: “A 'tidal wave' of COVID-related workplace lawsuits could be on the way”. We previously discussed a possible wave of wage and hour claims and protected leave claims and the steps to take now: COVID-19 Related Employer Liability Claims...
Covid-19 Related Employer Liability Claims on the Rise
The economic fallout from Covid-19 may include employer liability lawsuits. The Senate, and several states, have sought to enact protective legislation, shielding employers from the anticipated Covid-related claims. It is unclear whether this legislation will...
Updates to the FFRCA’s Definition of Healthcare Provider for Paid Sick Leave
The U.S. Department of Labor (DOL) has revised its definition of “Healthcare Provider” in response to a recent court decision striking several provisions of the DOL’s final rule implementing the emergency family leave and paid sick leave provisions...
WARNING: FFCRA Paid Leaves Left Unclear by New York Court Ruling
A recent New York federal judge’s ruling that the Department of Labor (DOL) exceeded its authority in four areas of the paid leave requirements of the Families First Coronavirus Response Act (FFCRA) has created further uncertainty. The ruling addressed the DOL’s...
Employee Rights and Employer Obligations Under the FFCRA with School-Aged Children
Uncertainty abounds with the reopening of schools for in-person learning. Many schools will likely continue, at least for the foreseeable future, with distance learning. This means working parents with school-aged children, and their employers, must comply with the...
Caution: FFCRA Enforcement of Paid Leaves
The DOL has issued several recent press releases, including South Florida Truss Manufacturer Pays Back Wages..., regarding employer violations of the paid leave provisions of the Families First Coronavirus Relief Act (FFCRA). Employers should use this as a cautionary...
New IRS Guidance on Emergency Paid Sick Leave Act and Emergency Family and Medical Leave Expansion Act
The Internal Revenue Service (IRS) recently posted notice providing employers guidance on reporting Emergency Paid Sick Leave Act (EPSLA) and Emergency Family and Medical Leave Expansion Act (EFMLEA) wages paid pursuant to the Families First Corona Virus Response Act...
Department of Labor Provides Updated FMLA Forms
The Department of Labor has provided updated Family and Medical Leave Act (FMLA) forms for notification of eligibility for, certification of, and designation of leave under the Act. The new forms are available on the DOL’s website. Although employers are...
Updated poster REQUIRED for the Families First Coronavirus Response Act
The DOL has updated its poster to clarify the paid leave entitlements section of the Families First Coronavirus Response Act. The corrected poster now reads “up to 12 weeks of paid leave.” The prior language had 10 weeks....
The Coronavirus Aid, Relief, and Economic Security (CARES) Act, passed March 27, 2020.
The $2 trillion bill is designed to stimulate the economy in the wake of Covid-19. Here are some highlights: Paid Sick and FMLA Leave: Addressing the paid leave provisions of the Families First Coronavirus Act (FFCRA), the Act confirms that employees...