A word of caution as you scan the business horizon for 2019. Depending on which side of a judgment you land on, it’s either a significant asset or obligation. Like a statute of limitations for filing a lawsuit, judgments in Arizona have a lifespan during which they can be enforced. When the enforcement period runs out, a judgment expires and is forevermore unenforceable — … [More]
USMCA: Agreed and Signed but Now What?
Trade representatives reached a deal just before the self-imposed midnight deadline on September 30, 2018, and the presidents of the United States, Mexico and Canada signed the US-Mexico-Canada Agreement — or USMCA — at the G20 Summit on November 30, 2018. The USMCA essentially replaces the North American Free Trade Agreement, commonly known as NAFTA, but many questions still … [More]
Merger in Sight?
In November 2017, the United States Department of Justice filed an antitrust lawsuit to block AT&T’s $85-billion purchase of Time Warner. The lawsuit was eye-opening and sent significant ripples across legal and business landscapes. In particular, the suit showed an inclination of the federal government to block a large merger between two companies that were not direct … [More]
Are You Unintentionally Discriminating against Pregnant Employees?
Despite clear laws designed to protect the rights of pregnant working women, discrimination against pregnant employees remains pervasive. Federal mandates like the Pregnancy Discrimination Act, Family and Medical Leave Act, and Americans with Disabilities Act, along with the state-level Arizona Civil Rights Act, serve to insulate pregnant women from unfair treatment. However, … [More]
Outsmarting the Smart Workplace
Smart technology can help employers forge a more motivated, efficient and effective workforce. But these devices also pose significant employment-law risks. While employee privacy concerns are one common issue, others are less obvious. Following the tips below can help employers avoid being caught off guard by addressing these legal risks early on. Be Vigilant and … [More]
Employers: Reject Sexual Harassment (Part II)
This article continues last month’s discussion of steps businesses can take to address the seemingly perennial issue of sexual harassment. But it is worth reflecting again on the fact that, although legislation in recent decades has begun to reflect a growing social consciousness of this as unacceptable behavior, laws, best practices and policies have failed to completely … [More]
Employers: Reject Sexual Harassment (Part I)
Recent events have brought sexual harassment into the spotlight, but it is no stranger to this kind of recurrence. Employees, employers, courts, attorneys, business owners, human resources professionals and many more have struggled with the topic for decades. It was not until the second half of the 20th century that legislation reflected the desire to eliminate sexual … [More]
Ethical Data Mining
A recent data breach involving Cambridge Analytica, a political consulting firm, affected at least 87 million Facebook users. People’s data was unknowingly used for politically manipulative ads. While an extreme example of unethical data mining, the Facebook–Cambridge Analytica data scandal challenges businesses and marketers to think about the ways they collect, use and … [More]
The Opportunity Zone Program (Part 2)
The Opportunity Zone Program is new federal income tax incentive program designed to encourage private capital investment in Opportunity Zones (O-Zones), which are certain designated areas throughout the United States. Opportunity Funds (O-Funds) act as intermediaries between O-Fund investors and the actual investments in the O-Zone. O-Funds are required to hold 90 percent … [More]
The Opportunity Zone Program (Part 1)
Buried in the recently enacted Tax Cuts and Jobs Act was the creation of the Opportunity Zone Program. This new federal income tax incentive program is designed to encourage private capital investment in Opportunity Zones — designated distressed communities throughout the United States (including possessions of the United States). Specifically, the Opportunity Zone Program … [More]
Taking the Step to Franchise
One option entrepreneurs may consider for expanding their business is franchising. This may have been part of the development plan initially, or the idea may have taken shape and grown from outside as others expressed interest in trying to copy a successful concept — either a proven, mature business or a new and trendy one. Franchisors should make sure to have all their … [More]
Workers Comp Damage Control
Arizona’s workers compensation system helps employees who are injured on the job receive necessary medical care and treatment. Injured workers’ claims are processed through the Arizona Industrial Commission. The ICA not only processes claims, but also resolves legal disputes that may arise concerning issues of compensability, continuing benefits, loss of earning capacity and … [More]
The GDPR Deadline Is Looming and Most Companies Are Not Ready
Current regulations require companies to notify customers if a data breach occurs, but businesses have rarely suffered more consequences other than the loss of information. In May, the General Data Protection Regulation will start holding companies operating in the European Union — a target market for many American companies — accountable for breaches. And the consequences of … [More]
Sexual Harassment Claims Rising?
In recent months, sexual harassment in the workplace has become a focal issue, with new headlines popping up seemingly every day regarding a Hollywood mogul or elected official being accused of sexual harassment. Although sexual harassment has always been an important issue in the workplace, the recent heightened publicity has caused employers to stop and rethink their policies … [More]
Tax Incentives: What Do Cities Offer?
The use of tax abatement between a private developer and a city with respect to a qualifying project has become a popular topic over the last several years as infill development in the Valley increases. In certain circumstances — when the arrangement occurs in a so-called single central business district of a city — the municipality may abate the government property lease … [More]
When Key Employees Leave to Work for a Competitor
At one time or another, most employers are going to experience the departure of one or more key employees to work for a competitor or to start a new competing entity. Such a departure can have significant adverse effects on the employer’s operations and success. Sometimes, the departing employees will have engaged in damaging misconduct leading up to their departure. However, … [More]
Infilling Abounds in Arizona
Phoenix is growing — but not in the same way it used to. While the city is still associated with development of large tracts at the edge of its boundaries, Phoenix residents have begun to move inward. It’s been well publicized that millennials are waiting to start families and delaying their move to the suburbs. The data on millennial trends is strong and well known, but baby … [More]
HSAs: More than Healthcare
Employers struggling to provide meaningful benefits to attract, retain and assist their employees can look to Health Savings Accounts. This year has been filled with uncertainty regarding the Affordable Care Act, and repeal and replace efforts, but HSAs have a bright future with all the recent healthcare reform proposals looking to expand their use. HSAs are popular with … [More]
