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As we previously wrote, there did not appear to be any legal barrier to employers requiring its employees to be vaccinated against COVID-19 in order to continue working. As anticipated, the EEOC issued guidance in late-May stating employer-mandated vaccination policies for employees physically entering the workplace do not violate federal employment non-discrimination laws, subject to […]
Following the United States Supreme Court determination that federal law prohibiting employment discrimination “because of … sex” (Title VII) necessarily prohibits employment discrimination against LGBT employees, it was unclear how Arizona would interpret Arizona’s Civil Rights Act that similarly protects workers from discrimination “because of … sex….” Historically, Arizona courts have looked to interpretations […]
The Paycheck Protection Program Flexibility Act (the “PPPFA”), signed into law on June 5, 2020, dramatically alters critical elements of forgiveness of PPP loans. Key changes in the proposed new legislation include: Tripling the “covered period” from 8 weeks to 24 weeks from the date of the loan’s origination, or December 31, 2020, whichever is […]
The United States Department of Labor (“DOL”) recently published two Unemployment Insurance Program Letters (“UIPL”) to assist states in implementing Federal Pandemic Unemployment Compensation, UIPL 15-20, and Pandemic Unemployment Assistance, UIPL 16-20, which are programs available under the CARES Act. Below is a brief overview. Federal Pandemic Unemployment Compensation (“FPUC”) Under FPUC, individuals receiving regular […]
The Department of Labor (“DOL”) issued preliminary guidance to employers on the recently passed Families First Coronavirus Response Act (“FFCRA”). The FFCRA brings emergency paid sick leave (“EPSL”) and expanded Family and Medical Leave Act leave (“EFMLA”) to employees for circumstances related to the COVID-19 pandemic. For background on the FFCRA view Paid Sick Leave […]
With concerns about the novel Coronavirus Disease 2019 (COVID-19) mounting, many local governments have taken action to prevent the spread of the virus, including disaster measures directing the temporary closure of certain businesses that pose a high risk of community spread. On Monday March 23, 2020, Governor Doug Ducey issued Executive Order 2020-12, ordering that […]
By Executive Order, Arizona expanded eligibility for unemployment benefits to individuals whose employment is affected by COVID-19 and forbid the adjustment of employers’ contribution rates based on benefits paid under the Executive Order. The Executive Order waives certain requirements for terminated employees: Individuals need not wait a week after they lose their job to apply […]
The Equal Employment Opportunity Commission (“EEOC”) released its Fiscal Year 2019 Enforcement and Litigation Data, breaking down which charges of discrimination were the most common. Continuing the recent trend, charges for retaliation were the most common, making up 53.8% of all charges filed. Following closely in second, third, and fourth place were charges of disability […]
The Department of Labor’s new rule raising the salary level for overtime exemption to $35,568 goes into effect on January 1, 2020. With this rapidly approaching change, many employers are considering whether to increase employee salaries or begin paying overtime. For employers whose employees consistently work 40-hour weeks, it may be more cost-effective to pay […]
As we informed you earlier this year, the Department of Labor issued a proposed rule raising the salary level for the white-collar overtime exemption to $35,308 a year, up from $23,660. The proposed rule also suggested raising the salary for highly compensated employees to $147,414 from $100,000. On September 27, 2019, the Department of Labor’s […]
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