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
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Arizona’s 2017 Minimum Wage and Earned Paid Sick Time Posters Now Available

On November 9, 2016, my colleagues David Barton and Christie Hammerle blogged about Arizona’s new minimum wage and earned paid sick time law called the Fair Wages and Healthy Families Act.  That article can be found here. The Industrial Commission of Arizona has since released Notices
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Federal Court Blocks Implementation of Department of Labor’s New Overtime Rule

On May 18, 2016, President Obama and the Department of Labor released a Final Rule updating federal overtime regulations. The key provisions were detailed on the BurnBarton blog here, but most notably, the Rule more than doubled the salary threshold for “white collar” workers—from $45
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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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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
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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
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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 be
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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 certif
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