“I Didn’t Do It.” New Arizona Law Allows Applicants to Conceal their Criminal Record
February 22, 2023
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The Arizona legislature recently passed a law that will allow job seekers to hide certain crimes from potential employers. Under A.R.S. § 13-911, Arizona residents who are arrested, convicted, or sentenced on or after December 31, 2022 may petition the court to have their criminal rec
Continue Reading →Paid Military Leave? Maybe.
February 16, 2023
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
Continue Reading →Congress Further Eases Restrictions on Financial Institutions’ Hiring of Candidates Convicted of Certain Offenses
February 06, 2023
Under Section 19 of the Federal Deposit Insurance Act (FDIA), financial institutions insured by the Federal Deposit Insurance Corporation (FDIC) must conduct criminal background checks on job candidates, regardless of state and local laws that restrict hiring decisions based on crimin
Continue Reading →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
Continue Reading →Expanded Federal Protections for Pregnant and Nursing Employees in 2023: What Employers Need to Know About the PWFA and the PUMP Act
January 26, 2023
On December 29, 2022, President Biden signed the Consolidated Appropriation Act, 2023, into law. In addition to providing $1.7 trillion in funding for the U.S. federal government for the 2023 fiscal year, the Act also adopted two acts implementing certain workplace rights and protecti
Continue Reading →Federal Trade Commission Proposes Nationwide Ban on Non-Compete Agreements
January 12, 2023
Agreements that prevent former employees from working for a competing business or operating their own competing business may soon be unlawful in the entire United States. At present, roughly one in five American workers are bound by a non-compete agreement, but on January 5, 2023, the
Continue Reading →Ninth Circuit Takes an Expansive View of Whistleblower Protection Under Cal. Lab. Code § 1102.5
November 04, 2022
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 →DOL Releases Proposed Rule on Worker Classification
October 13, 2022
On October 11, 2022, the Department of Labor (“DOL”) released a proposed rule concerning worker classification under the Fair Labor Standards Act (“FLSA”). For more than 80 years, both the DOL and courts applied a totality-of-the-circumstances “economic reality test” to determine whet
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