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]
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]
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]
Tread Carefully when Terminating Employees during a Pandemic
With the uncertainty surrounding COVID-19, there are a few additional considerations Arizona employers must keep in mind when terminating the employment of a current employee. Generally, Arizona employers enjoy wide latitude when hiring and firing due to the State’s doctrine of “at will” employment. Under at-will employment, an employer is not required to establish “just … [More]
Force Majeure May Be Answer to Contract Performance
The impact of the COVID-19 pandemic has and will be devastating to many Greater Phoenix businesses. Leases, product purchases, vendor contracts for service and employment agreements are just some of the potential casualties of a company’s inability to perform under a contract due to the pandemic. This new reality may cause businesses and individuals to have considerable … [More]
Protecting IP Assets
With so many people working from home, many of the safeguards and systems that companies rely on to protect their information become less effective, partially compromised or even completely obsolete. The fact is that a company's sensitive information is at greater risk of being pirated when it's being handled outside the office. For example, many of us have smart devices such … [More]
COVID-19 Impacts International Travel
Crossing U.S. borders has never been easy, but today’s business travelers face an unprecedented range of issues amidst a constantly-shifting legal and regulatory landscape. Within the past month alone, the U.S. government has rolled out three new sets of travel restrictions: an expansion of the “Trump Travel Ban,” a so-called “birth tourism” ban, and a travel ban designed to … [More]
The SECURE Act
The SECURE Act (Setting Every Community Up for Retirement Enhancement Act) was signed into law in late 2019 and is the most significant legislation affecting employer-sponsored retirement plans in many years. The SECURE Act is designed to increase employee access to tax-advantaged retirement accounts, help participants access retirement funds in times of need prior to … [More]
Don’t Get Ill Over Earned Paid Sick Time
Earned Paid Sick Time is a surprisingly complex law that requires exacting compliance. Failure to adhere to its requirements can expose a business to serious liability. But, it’s nothing to get sick over. Careful planning and thoughtful policies will help avoid potential litigation. I review employee handbooks on a routine basis. One thing I find most employers get wrong is … [More]
Legal Pitfalls of Unsolicited Texting and Calling
For businesses that use texting as a marketing tool, it is critical that they become familiar with the Telephone Consumer Protection Act (TCPA). Some of the largest well-known companies in the country have paid millions in settlements and verdicts for alleged violations of the TCPA. Capital One reportedly agreed to pay more than $73 million to settle a TCPA class action. Dish … [More]
Are Your Exempt Employees Paid Enough?
Almost every business has workers who are classified as exempt from the minimum wage and overtime requirements of the federal Fair Labor Standards Act. The most common exemptions, often referred to as the “white collar” exemptions, are for executive, administrative and professional (EAP) employees. For the past 15 years, the minimum salary for such employees has been $455 … [More]
Five Legal Issues to Consider when Starting a Special Needs Business
Finding employment is very challenging for people with disabilities across the United States. Most disabled adults will be unemployed or underemployed for a good part of their adult life. Some families and disabled individuals have gotten creative and have decided to solve this issue of employment by becoming entrepreneurs. They have started small businesses like making baked … [More]
Tax Issues for Arizona Retailers and Taxpayers
In the summer of 2018, the U.S. Supreme Court officially recognized our country’s significant shift from local to online sales of goods by overruling the longstanding precedent that previously prevented state and local governments from imposing sales taxes unless a seller had a physical connection or “nexus” with the state. While earlier decisions had determined that physical … [More]
Cutting through the Weed(s)
The legalization of marijuana in Arizona has created an exciting buzz in this State. Medical marijuana has proven itself a unique, and potentially lucrative, business endeavor. Medical marijuana has also caused some serious frustrations; this is especially so for employers. Many employers find themselves confused as to whether they can still drug test and, particularly, how to … [More]
