BurnsBarton LLP Blog

Higher Wages and Paid Sick Leave for All – Arizona Passes Proposition 206

In keeping with what has become a nationwide trend, Arizona voters approved the Fair Wages and Healthy Families Initiative (“Proposition 206”), a ballot measure that incrementally increases the minimum wage, and requires employers to provide paid sick leave. The measure passed by a margin of 59% Read more [...]

Upcoming Changes to Occupational Safety and Health Regulations

On May 12, 2016, the Occupational Safety and Health Administration (“OSHA”) published new final rules impacting employers. These rules affect the reporting of workplace injuries, and may also require employers to reevaluate various policies. The most significant changes are summarized below. Certain Read more [...]

Local Ban the Box Legislation – The Next Big Push to Limit Background Checks

In April 2012 the EEOC issued guidance on the use of an applicant’s criminal history in making hiring decisions. This guidance has been followed by a rush of “Ban the Box” or “Fair Chance” legislation across the nation. These state and municipal laws prohibit employers from inquiring into a Read more [...]

Arizona Law Now Makes It Easier To Establish Independent Contractor Status

Arizona recently passed a law that provides businesses greater certainty with respect to their independent contractors’ employment status. Specifically, it creates a mechanism for independent contractors to acknowledge they are not employees, and have no entitlement to unemployment benefits or any Read more [...]

EEOC Issues Guidance Regarding Transgender Employees

 The EEOC recently issued guidance regarding employers' obligations with respect to transgender employees. Key points: “Transgender” refers to people whose gender identity and/or expression is different from the sex assigned to them at birth (e.g., the sex listed on their birth certificates).  Read more [...]

Department of Labor Raises White Collar Salary Threshold

On May 18, 2016, President Obama and Department of Labor released the final rule updating overtime regulations. The final rule, which is effective on December 1, 2016, includes the following key provisions: The salary threshold for “white collar” workers will more than double from $455 to $913 Read more [...]

Defend Trade Secrets Act Requires Employer Action

On May 12, 2016 President Barack Obama signed into law the Defend Trade Secrets Act (“DTSA”). The new law basically does two things of significance: first, it gives Federal District Courts original jurisdiction over trade secret disputes, and second, it provides procedures that will allow plaintiffs Read more [...]

Businesses Beware – Misclassifying Workers Can Be Uber-Expensive

The California Labor Commission recently ruled that an Uber driver from San Francisco is an employee of the Company and not an independent contractor because, although Uber did not control her schedule, she performed services integral to Uber’s business and Uber controlled other critical aspects of Read more [...]

Ninth Circuit Takes a Different Road in Ruling that Automobile Service Advisors are Not Exempt

On March 24, 2015, the Ninth Circuit Court of Appeals held that automobile service advisors – those friendly faces that evaluate your car troubles and recommend services and repairs – are not exempt from the Fair Labor Standards Act’s (FLSA) minimum wage and overtime pay requirements under the Read more [...]