On January 1, 2021, the minimum wage for Arizona employees will increase to $12.15 per hour, up from $12.00 per hour in 2020. This increase is based on the passage in 2016 of the Fair Wages and Healthy Families Initiative, which provided for a gradual increase in the minimum wage each January, from $10.50 per hour on January 1, 2018, to $11.00 per hour on January 1, 2019, then … [More]
Are Overtime Rules Enforceable?
Seven months into 2020 and the COVID-19 pandemic has changed nearly every aspect of life. Even mundane matters like working out has changed (you now need a gym reservation). Working at home, remote learning, social distancing and mask mandates are only the surface of what challenges face our personal and professional lives this year and beyond. This article offers some basic, … [More]
Subchapter V 11 Bankruptcy Saves Companies Significant Time and Money
COVID-19 shutdowns crippled many Arizona companies, with some going out of business permanently. Others are considering bankruptcy, but question whether they can afford the $40,000 to $75,000 that a Classic Chapter 11 often costs. Fortunately, they now have a better option that saves as much as 50% in legal fees. In August, Arizona confirmed its first Subchapter V Chapter … [More]
The Rise of and Rising Concerns about Business Chat
Many employers have a significant number of employees working from home, performing tasks and connecting with others in ways that were little used prior to March of this year. One popular tool is chat software. Chat software is gaining in popularity each day. Platforms are everywhere. There are two types of platforms discussed in this article. The first is within organizations, … [More]
Phoenix Attorney Authors First Book to Examine Laws Governing Psychedelic Substances
On the verge of a pop culture tipping point, Psychedelica Lex now serves as the preeminent legal manual for individuals and organizations with a vested or growing interest in psychedelics and entheogens. Authored by Gary Smith, a Phoenix-based attorney and a veteran cannabis attorney and general counsel to the nation's oldest non-Native American peyote church, … [More]
Bankruptcy in a Distressed Post-COVID-19 World
Bankruptcy is a forum and an arena for resolving distressed business situations in a post COVID-19 world. Bankruptcy is not a solution for every business, but it is one of several alternatives to consider. In a chapter 11 bankruptcy reorganization, a business can find the time and the breathing room to choose and implement the right solution to save the business and jobs, and … [More]
Pandemic Presents Learning Opportunities for Employers
In Charleston, S.C., a restaurant was sued by a former server who says he was fired after he left work to get tested for COVID-19. A large automaker was also recently sued for wrongful termination after firing an employee within hours of the employee’s complaint about safety concerns, even after the employee had been assured that he could stay home without penalty … [More]
Blowing the Whistle
In today’s environment, whistleblower claims are highly likely. Employers should not fear, though. As with most things, an ounce of prevention is worth a pound of cure. This article offers a primer on various whistleblower laws and provides tips on minimizing risk and potentially mitigating litigation costs. In today’s world, a “whistleblower” is someone who reports to … [More]
Rights of First Offer and of First Refusal
This article is a case study of a particular transaction in which the buyer agreed in a purchase agreement to grant the seller both a right of first offer (ROFO) and a right of first refusal (ROFR) to repurchase the property. Compliance with the terms of the ROFO and ROFR proved a bitter and extracted process for the buyer. The terms of the ROFO provided that before the … [More]
LGBTQ Covered under Title VII, Says Supreme Court
Today, the Supreme Court handed down its opinion in Bostock v. Clayton County, ruling once and for all that Title VII’s protections based on “sex” apply to LGBTQ workers. This is a case I have been following closely, and the decision has been a long time coming. In the wake of President Trump’s roll-back of health insurance protections for transgender Americans, the LGBTQ … [More]
Negotiating a Commercial Lease?
A company’s business premises lease may represent its highest monthly expense. It also represents one of the most important commitments a business owner can make . A lack of careful consideration can result in serious financial consequences. To avoid missteps, consider these due diligence questions to gain clarity and confidence before signing. The Parties Involved in the … [More]
Avoid a Tsunami of Business Bankruptcies
Recent bankruptcy announcements from Neiman Marcus, Garden Fresh Restaurants and J.C. Penney are the beginning of a cresting tidal wave. The retail and restaurant industries have been devastated by the COVID-19 pandemic and related quarantine orders, with many other businesses on the brink of bankruptcy. However, bankruptcy isn’t always necessary, even when a business is in … [More]
