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 ma
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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 a
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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 criti
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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
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California High Court Dials Up a Win for Employees

The California Supreme Court recently announced that under section 2802 of the California Labor Code employers must reimburse employees who are required to use personal cell phones for work purposes.  Cochran v. Schwan's Home Service (CA Ct App 2014). "If an employee is required to ma
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Pregnancy: More Protected Than Ever

On July 14, 2014 the Equal Employment Opportunity Commission (EEOC) issued new enforcement guidelines under the Pregnancy Discrimination Act (PDA).  Such guidelines are not binding upon employers; rather, they instruct EEOC investigators about issues to watch for when investigating cl
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BurnsBarton Verdict Among Top 2013 Defense Verdicts in Arizona

The June edition of the Arizona Attorney magazine lists the top eight defense verdicts in Arizona during 2013.  Among them is Sanchez v. United Parcel Service, a case defended by BurnsBarton.  Sanchez sought more than $700,000 in back wages and an unspecified amount in compensatory an
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Vindication for Forever Living in FMLA lawsuit

On Thursday, November 14, 2013 a unanimous federal jury returned a verdict in favor of BurnsBarton client Forever Living Products International, in a trial testing the notice requirements of the federal Family and Medical Leave Act ("FMLA").  Plaintiff Mary Clare Peak was discharged i
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Success for Barnet Dulaney Perkins Eye Center

On September 26, 2013 a jury returned a verdict in favor of BurnsBarton client Barnet Dulaney Perkins Eye Center, PLC, in a hotly contested breach of contract and unpaid wage lawsuit brought by founding member Ronald Barnet, M.D.   Dr. Barnet retired from the practice in 2011 but sued
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Successful Trial for BurnsBarton

On May 23, 2013, a jury of 8 ruled in favor of United Parcel Service in a case defended by attorneys C. Christine Burns and David T. Barton. The plaintiff, a current UPS employee, alleged that UPS retaliated against him because he filed a charge of discrimination under the Americans w
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