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
Continue Reading →

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
Continue Reading →

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
Continue Reading →

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
Continue Reading →

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
Continue Reading →

Supreme Court Rules in Favor of Employers on Security Screening Time

Yesterday, the United States Supreme Court handed a considerable win to employers with the unanimous decision that businesses are not required to pay workers for time spent waiting for mandatory security checks. In Integrity Staffing Solutions v. Busk, the Ninth Circuit had previously
Continue Reading →

ASARCO and BurnsBarton Urge 9th Circuit to Cut Punitive Damages Award

Asarco Urges 9th Circ. Panel To Cut Sex Harassment Award - Law360 6/19/14, 8:57 AM Portfolio Media. Inc. I 860 Broadway, 6th Floor I New York, NY 10003 By Brandon Lowrey Law360, Los Angeles (June 18, 2014, 10:01 PM ET) -- Arizona mining company Asarco LLC urged an en banc Ninth Ci
Continue Reading →

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
Continue Reading →

Verdict Received in Favor of BurnsBarton Client

On Wednesday, February 19, 2014 a unanimous federal jury in Connecticut returned a verdict in favor of BurnsBarton client ASML US, Inc.  During the five-day trial, Plaintiff Fritz St. Ange alleged that ASML retaliated against him when it ended his employment after allowing him to spen
Continue Reading →

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
Continue Reading →