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Co-written with Sandra Jones There is a movement among young adults in China referred to as “Lying Flat,” which means rejecting a traditional lifestyle of careers, marriage, parenthood, and homeownership. Instead, those lying flat pursue a restful, minimalist lifestyle that prioritizes experience over possessions. Initially, the concept of lying flat may seem alluring: escaping the […]
This is a follow-up to my article about mandating vaccines. The threshold question employers must ask is, “Do I really want to mandate vaccines?” My previous article discussed the few exceptions and cautions when an employer does mandate vaccinations. So, let us assume an employer wants to mandate the vaccine but does not want to […]
As I write this, COVID-19 vaccines are being distributed nationwide on a limited basis. Once the vaccine is widely available, are you able to force employees to get the vaccine as a condition to keeping their job? The short answer is yes, but. The EEOC has ruled that employers may mandate that employees must take […]
Arizona’s astonishing number of coronavirus cases have many business owners wondering whether a COVID-19 liability waiver is necessary or worth it. The premise of a liability waiver is that the person signing the waiver explicitly recognizes there are risks involved in the activity with which one is about to engage (skydiving, bungee jumping, race car […]
On July 8, 2020 in Our Lady of Guadalupe School v. Morrisey-Berru, the U.S. Supreme Court in a 7-2 decision held that the Americans with Disabilities Act (ADA) and the Age Discrimination in Employment Act (ADEA) generally do not limit religious organizations’ employment decisions because of the “ministerial exemption.” In 2012, the Court created this […]
On Monday June 15, 2020, the United States Supreme Court held that gay and transgender employees are protected from discrimination under Title VII of the Civil Rights Act in a momentous decision in the consolidated cases of Bostock v. Clayton County, Georgia, Altitude Express Inc. v. Zarda, and R.G. & G.R. Harris Funeral Homes Inc. v. […]
On Monday April 6, 2020, Governor Ducey issued Executive Order 2020-21, granting a welcome reprieve to small businesses facing eviction during the COVID-19 pandemic. Governor Ducey’s order requires courts suspend commercial evictions for small businesses, unless the court determines that failing to evict would be contrary to the interests of justice. This includes suspension of […]
On March 24, 2020, the Governor issued an Executive Order effective at least until July 23, 2020 preventing law enforcement officers and constables from enforcing eviction orders on residential property unless there is a showing to the Court that in the interest of justice, or there is a material breach of the rental agreement (ARS […]
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 […]
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