In the public and private sectors, employers regularly include “paid union release time” within their bargaining agreements. With this practice, an employer pays certain employees their regular wages to perform services...more
While Arizona Governor Doug Ducey extended the majority of Arizona’s “Stay Home, Stay Healthy, Stay Connected” policy through May 15, 2020, the new executive order allows certain nonessential retailers to gradually reopen...more
On April 29, 2020, Arizona Governor Doug Ducey issued an executive order allowing healthcare providers and dental offices that meet certain criteria to apply for approval to resume elective surgeries beginning on May 1, 2020....more
On March 31, Arizona Attorney General Mark Brnovich issued Opinion No. I20-006 regarding the enforcement of emergency declarations by cities and towns. The Opinion was issued in response to a question from Arizona Senator...more
In the midst of the COVID-19 crisis, many businesses hope (and appropriately so) that insurance—whether business interruption, event cancellation, D&O or otherwise—will step in and pay for some of those losses. However, the...more
On March 30, Arizona Governor Doug Ducey issued Executive Order 2020-18, which imposes a stay-at-home mandate that goes into effect at 5:00 p.m. on March 31 and remains in effect until April 30, unless it is extended beyond...more
On March 23, Arizona Governor Doug Ducey issued an executive order that broadly defines “essential services” in Arizona and precludes local governments from closing essential businesses. The order is designed to ensure a...more
The Arizona Department of Health Services (the Department) has issued guidance for businesses and employers to help prepare for and respond to the COVID-19 crisis. The Department also issued a fact sheet with information for...more
On March 23, Arizona Governor Ducey issued an executive order that broadly defines “essential services” in Arizona and protects the ability of essential service providers to continue operating during the COVID-19 crisis. The...more
From postponing jury trials to delaying hearings and filing deadlines, Arizona federal and state courts have implemented numerous changes in response to the COVID-19 crisis...
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A staffing company (Company A) got into hot water with the DOL for failing to pay overtime. Scalia v. Employer Solutions Staffing Group, LLC, No. 18-16493 (March 2, 2020). The employees at issue were placed by a second...more
A Nevada law that goes into effect on January 1, 2020, will make it unlawful for Nevada employers “to fail or refuse to hire a prospective employee because the prospective employee submitted to a screening test and the...more
The Arizona Supreme Court recently ruled that the Arizona Medical Marijuana Act allows cardholders to possess and use marijuana resin and extracts, including forms with concentrated levels of THC like hashish. Although the...more
A medical marijuana cardholder and her employer went to court. The employer had a policy prohibiting employees from working under the influence of marijuana and fired the cardholder when her drug test (taken after a workplace...more
Employee Handbooks should have procedures for reporting harassment, and employers should take prompt remedial action once the procedures are initiated by an employee. Employers who take such action may escape Title VII...more
The District Court of Arizona recently reminded us that the “expansive” definition of “employer” under the FLSA includes “any person acting directly or indirectly in the interest of an employer in relation to an employee.” ...more