Employment Law, Business Litigation & Personal Injury Legal Updates

The Underlying Matter After an EEOC finding of reasonable cause to believe discrimination had occurred, the EEOC sent two letters to the subject employer: one notifying said employer of the impending conciliation process and subsequently, one that the conciliation...

On March 25, 2015, the U.S. Supreme Court issued its decision in Young v. United Parcel Service, Inc., laying the groundwork for a substantial expansion upon the rights of employees under the Pregnancy Discrimination Act (“PDA”), Americans with Disabilities Act as...

Effective this week, on March 27, 2015, U.S. Department of Labor (“DOL”) will begin to enforce its Final Rule expanding the definition of "spouse" under the Family and Medical Leave Act (“FMLA”) to include same sex marriages.  Following the U.S. Supreme Court’s...

Proper classification of workers is more important than ever with the implementation of the Affordable Care Act’s (“ACA”) employer mandate now in effect.  As of January 1, 2015, the ACA requires that employers with 50 or more employees provide health insurance to all...

The Family Medical Leave Act (“FMLA”) precludes employers from interfering with an employee’s medical leave.  Employers, however, frequently need to provide the employee with information regarding the leave, necessary medical paperwork and to request information about...

The Department of Labor recently announced a new “final rule” prohibiting discrimination based on sexual orientation and gender identity in federal contracts.  The Final Rule will implement Executive Order 13672, prohibiting such discrimination against employees of...

Effective January 1, 2015, many home healthcare workers who are presently exempt, will be subject to the federal minimum wage and overtime requirements of the Fair Labor Standards Act (FLSA).  In September 2013, the Department of Labor (DOL) issued a “Final Rule”...

Arizona has officially lifted its ban on same-sex marriage. The implications extend far beyond an individual’s legal ability to marry. Under the Family Medical Leave Act (“FMLA”), covered employers are required to allow eligible employees to take up to three months...

The Industrial Commission of Arizona has officially announced an increase of the minimum wage effective January 1, 2015. Arizona’s minimum wage will increase by $0.15 per hour to a total of $8.05 per hour.  This increase is based upon a 1.7 percent increase in Arizona...

-The Catch 22 when employment ends. When your job ends, typically, so does your health insurance. If your company offers COBRA, and you timely elected it, and the premium is paid, health insurance coverage will be retroactive. Thus, you will avoid any gap in coverage....

Recent media reports that Jimmy John’s Gourmet Sandwich Shop requires its hourly employees to enter into overly broad restrictive employment agreements has caught the attention of congressional officials, prompting reevaluation of the use of non-compete agreements in...

Recent amendments to Arizona's Wage Payment statute, A.R.S. 23-350, et seq., have extended the time frame in which employers must pay an employee upon separation of employment. Make special note of these timeframes: employees who are fired, discharged, terminated or...

Pursuant to the Fair Labor Standards Act ("FLSA"), non-exempt employees are entitled to one-and-a-half times their hourly pay for any hours worked over 40. In Arizona tipped employees may earn up to $3.00 per hour less than the mandated minimum wage (currently $7.90...

In response to case law holding that severance received in exchange for a release of claims was not disqualified from unemployment benefits, the Arizona legislature recently passed a law that disqualifies former employees from collecting unemployment benefits during a...