Ninth Circuit Takes an Expansive View of Whistleblower Protection Under Cal. Lab. Code § 1102.5

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 →

Supreme Court Blocks OSHA Vaccine-or-Test Mandate for Large Private Employers

Today (1/13/22), the U.S. Supreme Court blocked the Biden administration’s vaccine mandate by enjoining OSHA’s ETS, which required employers to mandate vaccines or test unvaccinated employees weekly.  The Court found that Congress had not given federal agencies like OSHA the power to
Continue Reading →

SCOTUS Hears Arguments on OSHA’s Vaccine-or-Test ETS

On Friday, January 7, 2022 the Supreme Court held oral arguments to address  OSHA’s Emergency Temporary Standard related to COVID-19.  The two-hour long arguments were intense and revealed a sharply divided court with the conservative justices questioning OSHA’s authority, and the mor
Continue Reading →

BurnsBarton Partner, Kate King, Appointed to Arizona Supreme Court

You can read the announcement on Kate's Appointment to the Arizona Supreme Court from Governor Ducey here: https://azgovernor.gov/governor/news/2021/07/governor-ducey-appoints-kathryn-hackett-king-arizona-supreme-court. Read more [...]
Continue Reading →

President Biden’s Executive Order Encourages the FTC to Limit Non-Competes

On July 9, 2021, President Biden signed an executive order targeting barriers to competition in the American economy. Believing that non-compete clauses restrict employees’ ability to change jobs and negotiate higher wages, President Biden’s executive order encourages the Federal Trad
Continue Reading →

OSHA’s New COVID-19 Healthcare Emergency Temporary Standard

The Department of Labor has finally released its Emergency Temporary Standard (“ETS”) for workers in healthcare settings. Managed by the Occupational Safety and Health Administration (“OSHA”), the ETS goes into effect upon publication to the Federal Register, and will remain in effect
Continue Reading →

The Safety Sensitive Exception Under Fire – Tentative Decision Challenges Well-Settled Landscape of Arizona’s Medical Marijuana Act

United States District Judge Dominic Lanza issued a tentative ruling in Lee v. Albertsons LLC, 2:19-CV-04493-DWL (D. Ariz.) which challenges the “safety sensitive” exception to Arizona’s Medical Marijuana Act (“AMMA”).  Lee’s case arose after Albertsons terminated Lee’s employment bec
Continue Reading →

Recreational Marijuana – Recommendations for Arizona Employers

It is now legal for marijuana dispensaries in Arizona to sell recreational marijuana to individuals 21 years old and older, so many employers are wondering how this will impact the workplace. However, it is important to note that under Arizona’s recreational marijuana law, called the
Continue Reading →

Newly Revised Optional-Use FMLA Forms and Request for Public Feedback

Today, the Wage and Hour Division of the U.S. Department of Labor (“WHD”) unveiled newly revised forms for employers and employees to use in connection with the administration and use of leave under the federal Family and Medical Leave Act (“FMLA”). The newly revised forms consist of:
Continue Reading →

The Latest from the Department of Labor

The Department of Labor issued new guidance on March 24, 2020 related to the Families First Coronavirus Response Act. Here are the highlights: April 1 effective date. Given the FFCRA’s statement that it would go into effect “not later than 15 days after enactment” most the world calcu
Continue Reading →