Blog Posts: Employment

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...

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...

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....

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...

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...

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...

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...

Arizona-based employers ask us, “Can we be held liable for the debts of our employees?” The short answer is maybe. However, the risk lessens if the employer follows some best practices. For many employers, they do not know much about their employees’ finances. Unless the position or the employer required a credit report as a condition of employment, or contin...

Many companies have been requesting that remote workers return to the office. There are many employees who want to continue teleworking. Employers need to carefully evaluate each request. Talk With the Employee Employers need to talk with the employee to figure out why they want to telework. Some of the common reasons are as follows:Diagnosis of COVID-19; ...

Arizona is an at-will employment state. This means employers may terminate employees for any reason or no reason at all so long as the reason is not an illegal one. Several state and federal laws prohibit employers from terminating employees for unlawful reasons. For example, the Arizona Employment Protection Act affords employees a cause of action for wrongful ter...