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Article by Tucson Local Media
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 […]
The Pima County Code’s swimming pool provisions were last updated in 1990, almost thirty years ago. Nonetheless, when an individual is injured in a pool, and a property owner is sued invariably the property owner will argue compliance with the Pima County Code to say they did nothing wrong. The argument is often meritless. Code […]
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 […]
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” […]
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 […]
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 […]
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