Articles

Here’s Why Your Business Needs an Employee Handbook

Not every business has an employee handbook, but in reality, every business should. An employee handbook is valuable to business owners and staff alike, and it can help to ensure that you are in compliance with all of the laws that apply to your business. If you’re on the fence about whether you should spend […]

Is Hemp Legalization Coming at the Perfect Time for Arizona Farmers?

For many farmers, commodity prices have not kept up with increasing costs whether that be Arizona’s increasing minimum wage, capitalization for efficient equipment or issues with water. However, many of those who have profited from the marijuana industry or have seen the profit from the marijuana industry see the next rush as the legalization of […]

Self-Reporting Wage Violations for a Release of FLSA Claims

The Department of Labor’s (DOL) Wage and Hour Division has extended the nationwide program called the Payroll Audit Independent Determination (PAID) by six months. Under this program, employers may self-report overtime and minimum wage violations which would subject them to liability under the Fair Labor Standards Act (FLSA). Apart from the PAID program, employers only […]

Physicians: Avoid These Mistakes After a Licensing Board Complaint Is Filed

Patients, their family members, and other healthcare practitioners can all file licensing board complaints. The number of complaints filed has increased in recent years, likely due at least in part to an increase in public awareness about patients’ legal rights. Regardless of whether a complaint has merit or not, physicians should never take these issues […]

Common Legal Problems Faced by Closely Held Businesses

A closely held or closed corporation is typically run by a close-knit group of people, usually family members. Although the co-owners may generally work well together, problems can arise from time to time. It’s beneficial for owners of closely held businesses to consult a corporate lawyer regarding best practices in risk management and structuring. Taking […]

The “Tri-Pellate” Lawyer: Improper Judicial Comments

Chief Justice Roberts famously told the Senate Judiciary Committee during his nomination hearing that “[j]udges are like umpires…it’s my job to call balls and strikes and not to pitch and bat” because “[n]obody ever went to a ball game to see an umpire.” This common refrain from judges seemingly conflicts with Judge T.S. Ellis’ reported […]

Ninth Circuit Finds Employers Can Stop Class Actions with Arbitration Clauses

In the recent Ninth Circuit decision in O’Connor v. Uber, the Ninth Circuit reversed an order of the district court denying Uber’s Motion to Compel Arbitration. Rather than address the issue of whether Uber Drivers were employees or independent contractors, the Ninth Circuit simply reversed the lower court decision that the arbitration provisions were unenforceable. […]

Compelling Reasons to Become a Whistleblower

Whistleblowers are equal parts hero and villain, depending on which side one is standing on. They face considerable challenges, not the least is the potential for retaliatory, albeit illegal, actions taken by the employer. So why do people decide to step forward and speak out about illicit activities going on behind the scenes? Ethical Motivations […]

Background Check Beware: An Employer’s Obligations Under the Fair Credit Reporting Act

On September 12, 2018, the Consumer Financial Protection Bureau released a new model of the disclosure document, “A Summary of Your Rights Under the Fair Credit Reporting Act.” Under the Fair Credit Reporting Act, employers must provide this disclosure to job applicants prior to taking any adverse action against the applicant based on a consumer […]

New Treatment for Traumatic Brain Injuries

Recent studies have shown that Melatonin may aid in treating sleep disturbances related to a Traumatic Brain Injury (“TBI”). Melatonin is a hormone made by the pineal gland that helps control one’s sleep and wake cycles. Melatonin is a known home remedy for sleepless nights. Individuals with TBI can experience reduced melatonin production. Anyone who […]