As I write this, COVID-19 vaccines are being distributed nationwide on a limited basis. Once the vaccine is widely available, are you able to force employees to get the vaccine as a condition to keeping their job? The short answer… Read More
Arizona’s astonishing number of coronavirus cases have many business owners wondering whether a COVID-19 liability waiver is necessary or worth it. The premise of a liability waiver is that the person signing the waiver explicitly recognizes there are risks involved… Read More
On July 8, 2020 in Our Lady of Guadalupe School v. Morrisey-Berru, the U.S. Supreme Court in a 7-2 decision held that the Americans with Disabilities Act (ADA) and the Age Discrimination in Employment Act (ADEA) generally do not limit… Read More
On Monday June 15, 2020, the United States Supreme Court held that gay and transgender employees are protected from discrimination under Title VII of the Civil Rights Act in a momentous decision in the consolidated cases of Bostock v. Clayton… Read More
Every Company gets employee complaints from time to time on any number of topics. This article focuses on investigation of discrimination complaints, whether internal or from an outside Agency, like the EEOC. These techniques, however, may be used in any… Read More
On Monday April 6, 2020, Governor Ducey issued Executive Order 2020-21, granting a welcome reprieve to small businesses facing eviction during the COVID-19 pandemic. Governor Ducey’s order requires courts suspend commercial evictions for small businesses, unless the court determines that… Read More
The Equal Employment Opportunity Commission (“EEOC”) released its Fiscal Year 2019 Enforcement and Litigation Data, breaking down which charges of discrimination were the most common. Continuing the recent trend, charges for retaliation were the most common, making up 53.8% of… Read More
The Department of Labor’s new rule raising the salary level for overtime exemption to $35,568 goes into effect on January 1, 2020. With this rapidly approaching change, many employers are considering whether to increase employee salaries or begin paying overtime.… Read More
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 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