Paid Military Leave? Maybe.

In a “matter of first impression,” the Ninth Circuit Court of Appeals recently held in Clarkson v. Alaska Airlines, Inc. (No. 21-35473, Feb. 1, 2023) that the Uniformed Services Employment and Reemployment Rights Act (“USERRA”) requires employers to pay servicemembers while on militar
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Join Us for The Arizona SHRM Employment Law and Legislative Conference, February 17, 2023

David Barton on - Leave Abuse: How to Manage Employee Attendance While Complying with a Growing Number of Protected Absences Arizona, like many other states, protects employees who take Paid Sick Leave. But did you know that jury duty and voting time are also protected? And let’s not
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Ninth Circuit Takes an Expansive View of Whistleblower Protection Under Cal. Lab. Code § 1102.5

Aaron Kilgore worked as an environmental consultant on a project his employer was completing for the U.S. Army Reserve Command. He complained to his supervisor, and to a representative from the Army, that he believed the environmental assessment he had been asked to prepare was illega
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BurnsBarton Partner, Kate King, Appointed to Arizona Supreme Court

You can read the announcement on Kate's Appointment to the Arizona Supreme Court from Governor Ducey here: https://azgovernor.gov/governor/news/2021/07/governor-ducey-appoints-kathryn-hackett-king-arizona-supreme-court. Read more [...]
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The Latest from the Department of Labor

The Department of Labor issued new guidance on March 24, 2020 related to the Families First Coronavirus Response Act. Here are the highlights: April 1 effective date. Given the FFCRA’s statement that it would go into effect “not later than 15 days after enactment” most the world calcu
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How to Best Survive the Economic Fallout from COVID-19

This guide is intended to help our clients who are making tough decisions in light of the COVID-19 pandemic and the resulting economic fallout.  We hope these tips are helpful. Tip No. 1. Remember, this too shall pass.   No one knows how long this health crisis will last or how long i
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The Down and Dirty of the Families First Coronavirus Response Act

• The law will take effect on April 1, 2020 and expire on December 31, 2020. • It applies to employers with fewer than 500 workers. • Employees are eligible for paid leave and paid sick time relating to COVID-19 and its impact. • Pay is calculated using the employee’s regular rate of
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The Department of Labor announced new rules today that better define what perks and benefits may be excluded from the regular rate of pay when calculating overtime.

The Department of Labor announced new rules today that better define what perks and benefits may be excluded from the regular rate of pay when calculating overtime. The DOL summarized what may be excluded from the regular rate as follows: the cost of providing certain parking benefits
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Sexual Harassment Settlements and Confidentiality

Sexual Harassment Settlements and Confidentiality – Keep it quiet and you’ll lose the tax deduction. There has been much ado about the confidential settlement of sexual harassment claims. And while no one was looking, Congress took a big step toward making confidentiality expensive. A
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Arizona House Bill Proposes to Void Confidentiality Agreements in Cases of Alleged Sexual Harassment or Assault

The Arizona House of Representatives will soon be considering legislation that makes confidentiality agreements in cases of alleged sexual assault or sexual harassment “void and unenforceable."  This bill, House Bill (“HB”) 2020, was filed in the Arizona House of Representatives last
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