What Should You do if You are Being Harassed at Work?
The first thing employees need to know is that not all harassment and discrimination is unlawful. Arizona is an at-will employment state, which means that an employee can legally be terminated (or harassed) for any reason or no reason, except a limited list of unlawful reasons.
Federal discrimination laws require qualifying employers to take "prompt remedial action" to investigate and stop unlawful harassment. … Read More
Is Telecommuting a Reasonable Accommodation?
I get this call pretty frequently. A client wants know whether it should accommodate an employee by allowing the employee to telecommute or work remotely. The answer, in typical attorney fashion, is "it depends." And it does.
An employer or the employee may suggest telecommuting as a reasonable accommodation under the ADA. And it may not be a bad idea. But be cautioned. While telecommuting has its benefits, an … Read More
Smoker's Need Not Apply: U-Haul's Bold Employment Policy
Phoenix based U-Haul will no longer hire nicotine users in the 21 states that allow for tobacco use in employment decisions. Partner and employment attorney Alejandro Pérez discusses the legal implications of U-Haul's controversial policy in this interview with Lauren Gilger of KJZZ.
About the Author: Alejandro Pérez is a partner at the Phoenix law firm of Jaburg Wilk. He assists clients with … Read More
Dear Employer: I’m Recording You!
More and more, I have noticed employees are recording their employers. Smartphones, along with other technological advances, have made recording or videoing workplace conversations very easy. These recordings can be used in litigation and have the ability to become public-relations nightmares.
Because of this, employers frequently ask me whether they can implement broad policies prohibiting recording or videoing. … Read More
A Peacock Walks into the Office
Emotional support animals seem to be everywhere. We see them on planes, in restaurants, and other businesses. Places that were once off-limits to animals have “gone to the dogs.” What do you do, however, when your employee requests to bring their emotional support animal to work? What does an employer need to do when they receive this request? Understanding the difference between “service animal& … Read More
DOL Overtime Rules
In September, the U.S. Department of Labor issued a long-awaited final rule updating the compensation requirements for the FLSA’s executive, administrative, and professional exemptions. The 2019 Final Rule is effective January 1, 2020.
How Did We Get Here?
Generally, the FLSA exempts most executive, administrative and professional employees from overtime so long as the employees satisfy three tests: (1) … Read More
Are Employee Confidentiality Agreements Enforceable in Arizona?
In Arizona, courts will enforce a confidentiality agreement if it is “reasonable.” Often, confidentiality agreements are written to encompass all of the employer’s information. A court may take issue with such an agreement because confidentiality agreements are supposed to prohibit disclosure of information that is truly confidential. Depending on the employer, truly confidential could include … Read More
Are Non-Solicitation Agreements Enforceable in Arizona?
In Arizona, non-solicitation agreements may be enforceable if they are “reasonable.” This means employers may be able to prohibit an employee from soliciting other employees and customers/clients for a period of time. It is never easy to determine what an Arizona court will think is “reasonable.” New court decisions are issued on a semi-regular basis that impact what courts consider “ … Read More
Are Non-Compete Agreements Enforceable in Arizona?
In Arizona, non-compete agreements may be enforceable if “reasonable.” In determining whether a non-compete is “reasonable,” courts evaluate several factors, none of which are controlling. The factors are:
Duration. In determining whether the duration is reasonable, courts evaluate how long it would take to find and properly train a replacement. For some types of employees, it may only … Read More
What is a Reasonable Accommodation Under the ADA?
What is a Reasonable Accommodation Under the ADA? Under the Americans With Disabilities Act, as amended (“ADA”), employers have a duty to provide reasonable accommodations to qualified individuals with a disability. It is important for employers to understand their duty to meet and confer and what makes an accommodation “reasonable.”
Duty to Meet and Confer
Employees are required to be … Read More