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
Continue Reading →

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 [...]
Continue Reading →

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
Continue Reading →

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
Continue Reading →

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
Continue Reading →

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
Continue Reading →

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
Continue Reading →

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
Continue Reading →

PSL – Time for a Review

Beginning July 1, 2017, Arizona employers were required to begin allowing their employees to accrue paid sick leave (“PSL”) under the Fair Wages and Healthy Families Act, Arizona’s new paid sick leave law. The Basics • Employees must accrue 1 hour of PSL for every 30 hours worked. • R
Continue Reading →

Judge Dismisses More Than 1,000 Lawsuits Against Small Businesses for Alleged Violations of the Americans with Disabilities Act

Beginning in 2016, Advocates for Individuals with Disabilities Foundation, Inc. (“AID”) filed a flood of lawsuits—eventually totaling more than 1,700—in Arizona Superior Court against small businesses in Arizona. In the lawsuits, which were largely “copy-and-paste” versions of one ano
Continue Reading →