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Blog Posts: Employment

July 3, 2024
When people think of a “protected class,” they often think of age, race, gender, or disability. While those are some of the classes protected by anti-discrimination laws, often-overlooked classes include honorably discharged veterans and active-duty service members. The United States Employment and Reemployment Rights Act (USERRA) is a federal law that was pas...
May 1, 2024
In a recent decision, the United States Supreme Court held that an employee need only show “some harm” to maintain a Title VII discrimination claim against an employer for a lateral job transfer. Background After nine years as a plainclothes officer in the St. Louis Police Department’s specialized Intelligence Division, Sergeant Jatonya Muldrow was transfer...
March 18, 2024
Generally, employers cannot discriminate against employees because of the employee’s disability. There are several laws that protect against disability-based discrimination, including: the Americans with Disabilities Act (“ADA”), the Rehabilitation Act (“Rehab Act”), and in Arizona, the Arizona Civil Rights Act (“ACRA”). But the most known act, the AD...
March 4, 2024
On January 10, 2024, the Department of Labor (DOL) published its final rule[1] on employee or independent contractor classification under the Fair Labor Standards Act (FLSA), which is scheduled to go into effect on March 11, 2024. This article aims to provide guidance on the rule change and its impact. Background The FLSA is a federal piece of legislation that es...
February 26, 2024
A recent Arizona Supreme Court (Barriga v. ADES/Precision) decision has broadened the circumstances that can establish intolerable work conditions in order to receive unemployment benefits after quitting.  The key issue in this case involved the interpretation of regulations governing intolerable work conditions due to inharmonious relations with fellow employees....
January 16, 2024
The Arizona minimum wage increased from $13.85 per hour to $14.35 per hour. The latest increase took effect on January 1, 2024, and will remain in effect until December 31, 2024. This means that Arizona employers will need to start paying the higher minimum wage ($14.35 per hour) for all hours worked after January 1, 2024. If employees are classified as tipped empl...
July 31, 2023
On June 27, 2023, the Pregnant Workers Fairness Act (PWFA) became effective.  It impacts employers with fifteen or more employees and provides protections that are distinct from, and in addition to, benefits provided to FMLA eligible employees.  The new law requires employers to provide reasonable accommodations for pregnant workers unless doing so would cause th...
March 6, 2023
Arizona voters passed Proposition 209 in November.  Although billed as a healthcare debt interest rate limit, it surprisingly impacts Arizona employers.   In Arizona, generally, thirty days after an election, propositions will become law.  The effective date was December 5, 2022, and applies prospectively only. In other words, it does not affect Judgments enter...
January 5, 2023
The Arizona minimum wage will increase yet again from $12.80 per hour to $13.85 per hour. The increase is more than $1.00 per hour and it will take effect on January 1, 2023 and will remain in effect until December 31, 2023. This means that Arizona employers will need to start paying the higher minimum wage ($13.85 per hour) for all hours worked after January 1, 20...
August 4, 2022
Remote employees are entitled to FMLA leave only if they meet certain requirements. What Is FMLA Leave? The Family Medical Leave Act entitles eligible employees to up to 12 weeks of unpaid leave for qualifying medical reasons, including the employee seeking medical care for his or her own health condition or to care for an ill spouse, child, or parent. While an e...
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