Articles

Here We Go Again: Department of Labor Proposes Rule Increasing Overtime Eligibility

In September 2017, the Obama Administration’s attempt to update the overtime regulations of the Fair Labor Standards Act (“FLSA”) by raising the salary level for overtime exemption to $47,476 a year died in the courts. On March 7, 2019, the… Read More

Appointed for life, Not Eternity: Supreme Court Vacates 9th Circuit Opinion Regarding Pay Equity Filed After the Death of Judge Stephen Reinhardt

On February 25, 2019, the Supreme Court vacated a 9th Circuit Opinion filed on April 9, 2018 in Yovino v. Rizo. The 9th Circuit Opinion rested on Judge Stephen Reinhardt’s vote as the author of the majority opinion to establish… Read More

The Role of Entrepreneurial Opportunity in NLRB Decisions

The National Labor Relations Act (“NLRA”) protects the rights of both employees and employers and encourages collective bargaining. However, the NLRA does not apply to “independent contractors.” In 2014, the National Labor Relations Board (“NLRB”) issued a Decision and Order… Read More

The Arizona Court of Appeals Provides a Favorable Ruling on Medical Liens

The Arizona Court of Appeals, Division One, held on March 12, 2019, that if a medical provider accepts payment from the Arizona  Health Care Cost Containment System (“AHCCCS”) payments in relation to treatment provided to that patient the unpaid care… Read More

Development Issues – Key Stakeholders Rights and Responsibilities

A Developer’s Duties Land developers starting residential subdivisions that have covenants, conditions & restrictions (CC&Rs) and a homeowners association (HOA) have extraordinary influence over the long-term value of the communities they create.  Because the CC&Rs often give developers almost total… Read More

Why Personal Injury Cases Aren’t Just Frivolous Lawsuits

Personal injury cases sometimes have a bad stigma. People imagine injured parties using the courts to try to extract damages from people for minor incidents, but very few cases are actually frivolous in nature. Headlines about such cases always sell… Read More

Understanding Overtime Laws

Employers and employees alike must understand overtime laws. Employers have to ensure that they adhere to the requirements, as even inadvertently failing to compensate employees appropriately can lead to significant fines. Employees need to know their rights to overtime pay,… Read More

Car Accidents with Opioid-Impaired Drivers

The use of alcohol and drugs is known to affect a driver’s ability to safely operate a motor vehicle.  All states have criminalized both driving while using alcohol and other drugs, even if the driver is impaired to the slightest… Read More

AT-WILL EMPLOYMENT & UNLAWFUL TERMINATIONS IN ARIZONA

In Arizona, most employment relationships are categorized as “at-will.” At-will employment means that an employer may terminate an employee at any time, without notice, for almost any reason, so long as that reason is not unlawful. Below are some unlawful… Read More

What to Think About When Negotiating Employee Contracts

Although the majority of jobs are “at-will,” an employer/employee relationship can often benefit from an employment contract. This is a complex document that should be drafted by an employment law attorney. When you meet with your attorney to discuss the… Read More