When an owner or general contractor refuses to pay for completed work, the disputes that follow quickly become complex, time consuming, and expensive. But two Arizona laws have created streamlined procedures so that contractors, subcontractors, and material suppliers can obtain payment for comparatively little effort and cost. First, contractors and suppliers who bill according to […]
News of a company’s bankruptcy is understandably nerve-wracking for its employees. However, a bankruptcy filing doesn’t automatically mean that every employee is out of a job. It largely depends on the type of bankruptcy that was filed. Employee Layoffs If a company files for Chapter 7 liquidation, it no longer intends to operate its business. […]
After someone passes away, their assets may go through the probate process. Probate refers to the process by which a decedent’s debts are resolved and remaining assets are distributed to the heirs. The heirs often benefit from working with a probate attorney, as this process can sometimes be complicated and lengthy. Probate begins with the […]
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 […]
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