Does Title VII Prohibit Discrimination in Employment on the Basis of Sexual Orientation?
April 26, 2017
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The answer is still no – unless you employ individuals in Illinois, Indiana, or Wisconsin. On April 4, 2017, the U.S. Court of Appeals for the Seventh Circuit, which covers Illinois, Indiana, and Wisconsin, became the first U.S. Court of Appeals to rule that discrimination on the basi
Continue Reading →Judge Dismisses More Than 1,000 Lawsuits Against Small Businesses for Alleged Violations of the Americans with Disabilities Act
February 19, 2017
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 →Arizona’s 2017 Minimum Wage and Earned Paid Sick Time Posters Now Available
February 06, 2017
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
Continue Reading →Federal Court Blocks Implementation of Department of Labor’s New Overtime Rule
November 30, 2016
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
Continue Reading →Higher Wages and Paid Sick Leave for All – Arizona Passes Proposition 206
November 09, 2016
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
Continue Reading →Upcoming Changes to Occupational Safety and Health Regulations
October 24, 2016
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
Continue Reading →Local Ban the Box Legislation – The Next Big Push to Limit Background Checks
October 24, 2016
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
Continue Reading →Arizona Law Now Makes It Easier To Establish Independent Contractor Status
August 25, 2016
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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