In September 2017, the Obama Administration’s attempt to update the overtime regulations of the Fair Labor Standards Act (“FLSA”) by raising the salary level for overtime exemption to $47,476 a year died in the courts. On March 7, 2019, the Department of Labor (“DOL”) issued a proposed rule to raise the salary level to $35,308 […]
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 binding 9th Circuit precedent. However, Judge Reinhardt died on March 29, 2018. Without his vote, […]
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 in FedEx Home Delivery. In that decision, the board considered the role that “entrepreneurial opportunity” […]
Personal injury cases sometimes have a bad stigma. People imagine injured parties using the courts to try to extract damages from people for minor incidents, but very few cases are actually frivolous in nature. Headlines about such cases always sell papers, but they are the exception, not the rule. If you have been injured because […]
The Arizona Court of Appeals, Division One, held on March 12, 2019, that if a medical provider accepts payment from the Arizona Health Care Cost Containment System (“AHCCCS”) payments in relation to treatment provided to that patient the unpaid care cannot be balanced billed and then satisfied with a lien against any personal injury recoveries. […]
A Developer’s Duties Land developers starting residential subdivisions that have covenants, conditions & restrictions (CC&Rs) and a homeowners association (HOA) have extraordinary influence over the long-term value of the communities they create. Because the CC&Rs often give developers almost total control over a subdivision, the law imposes certain duties on them. Among these are the […]
Employers and employees alike must understand overtime laws. Employers have to ensure that they adhere to the requirements, as even inadvertently failing to compensate employees appropriately can lead to significant fines. Employees need to know their rights to overtime pay, so that they can be sure that they are getting the compensation they are entitled […]
Although the majority of jobs are “at-will,” an employer/employee relationship can often benefit from an employment contract. This is a complex document that should be drafted by an employment law attorney. When you meet with your attorney to discuss the contract, consider the following factors. Your responses to the following issues will help shape your […]
The use of alcohol and drugs is known to affect a driver’s ability to safely operate a motor vehicle. All states have criminalized both driving while using alcohol and other drugs, even if the driver is impaired to the slightest degree. However, with the increased use of prescription pain killers more individuals are driving while […]
In Arizona, most employment relationships are categorized as “at-will.” At-will employment means that an employer may terminate an employee at any time, without notice, for almost any reason, so long as that reason is not unlawful. Below are some unlawful reasons for employee terminations. Whistleblowing “Whistleblowing” refers to employees who report to management the belief […]
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