'Zeran v. AOL': The Anti-Circumvention Tool
If I were an expert survivalist who was offered one tool to survive alone in the elements, I would probably choose a fire starter … but maybe a knife, a pot, or duct tape. Really, I would want all of those items because no one tool has the versatility I would want. But, for an expert in defending website operators from against claims, choosing one tool is easy. Zeran v. AOL is the survivalist’s … Read More
Obtaining Additional Time for a Family Law Hearing: What You Need to Know
In Reyes v. Neill 1, Division One of the Arizona Court of Appeals addressed the question of whether the Court abused its discretion by failing to permit adequate time for the parties to present testimony and cross-examine witnesses at an evidentiary hearing. The opinion is a memorandum decision and is therefore not precedential; however, it may be cited for persuasive value subject to various … Read More
Family Law Practice in a Values-Based Culture
Once most non-family law attorneys find out my specialty, they say “I would never do what you do!" Given that they’re on the outside looking in, it is easy to understand why so many lawyers feel that way. For those of us who have found our calling in helping people achieve sufficiently successful outcomes to thrive after the end of an important relationship - their marriage - it is hard to imagine … Read More
Are You Owed Overtime Wages?
The Fair Labor Standards Act (FLSA) requires covered employers to pay all non-exempt employees the federal minimum wage. It also requires covered employers to pay non-exempt employees 1.5 times their regular rate for any overtime hours, which are defined as any hour worked in excess of 40 hours in a seven-day workweek. The FLSA is complex, and it is not always easy to know whether you may be entitled to a premium … Read More
Arizona Supreme Court Decides Parentage of Children born in Same Sex Marriages
On September 19, 2017, the Arizona Supreme Court delivered its decision in McLaughlin vs. Jones, (CV-16-0266-PR) answering the question of whether the statutory presumption of parenthood arising from a marriage applies equally to same-sex marriages as it does to other (opposite-sex) marriages. The decision is particularly interesting since conflicting opinions were recently issued by Divisions 1 and 2 of the … Read More
Attorney Fee Shuffle- The Arizona Supreme Court has Imported the Fee Shifting Provision of A.R.S. § 12-341.01(A) Into Private, Mandatory Contractual Fee Provisions
Unlike many states, Arizona has long provided for the recovery of attorney fees, albeit on a discretionary basis, in contested contract disputes. See A.R.S. § 12-341.01(A). The Arizona legislature made clear, however, that the discretionary fee statute was not intended to displace contractual fee provisions of the sort commonly found in consumer and commercial contracts. Thus, § 12-341.01 … Read More
Getting Divorced? Four Cautionary Tips about Accessing Your Spouse’s Electronic Information
Question: I know my spouse’s passwords to their social media accounts, bank accounts and/or email accounts, can I log into their account and get the information we need to help win my case?
Answer: While this might sound like a really good idea, you shouldn’t do this for a few reasons. First of all, even though your spouse may have given you their& … Read More
Employers Required to Use Revised Form I-9
Effective September 18, 2017, employers must begin using a revised Form I-9, which was released on July 17, 2017. The new form is valid through August 31, 2019. Using an outdated form is a violation of recordkeeping requirements and may result in fines to the employer.
The Form I-9 is used for verifying the identity and employment authorization of individuals hired for employment in the United … Read More
Is Your Website Accessible to Disabled Users? If Not, Courts Say You Could Be Violating the ADA
Yes, seriously. This is no longer a remote threat cautioned by overzealous lawyers. This is now a real threat that business owners should address now. If you own and/or operate a business, and the business has a website that markets its goods or services, you could be liable for violating the Americans with Disabilities Act (“ADA”) if your website is not accessible to disabled users. That … Read More
Department of Labor Rolls Back the Liberal Interpretation of Who is and Who is Not an Employee
Recently the hot topic in employment law is the widespread misclassification of employees as independent contractors. The courts and the Department of Labor (DOL) have steadily turned up the heat on employers who misclassify independent contractors as employees. Typically, an independent contractor status is assigned to avoid paying payroll taxes and compliance … Read More