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]
At Risk for ADA Lawsuit?
Theresa Brooke, one of the most prolific ADA plaintiffs in the country, has returned to Phoenix after an 18-month hiatus and begun filing another wave of lawsuits under the Americans with Disabilities Act against the hospitality industry. Arizona hotel owners remember Theresa Brooke — she sued more than 125 of them in 2015 for failing to install wheelchair-accessible pool … [More]
Minimum Wage Touched by Tip Pooling
The recent uptick in collective action filings against Arizona restaurants compels a Human Resources focus on the requirements of tip pooling and an employer’s decision to take the tip credit. With minimum wage reaching $15 per hour in some cities and states, restaurateurs have been forced to address the disparity in pay rates between servers who can accept tips and kitchen … [More]
The Costs of Democracy
The courts decided long ago that money is an important component of political speech. Campaigns need it to succeed and citizens need it to raise their voices during the election process. After all, a campaign advertisement on television reaches a lot more people than a megaphone at the local park. So, how can citizens and businesses use their resources to influence the … [More]
Employer Alert: Paid Sick Leave Required
On Nov. 8, 2016, Arizona voters enacted Proposition 206: The Fair Wages and Healthy Families Act, increasing the minimum wage and requiring virtually all employers to provide paid sick leave to their part- and full-time employees. The paid sick leave portion of the Act goes into effect on July 1, 2017. Below are a few key changes that employers need to be aware of, as they … [More]
Adaptive Reuse: Breathing New Life into Old Buildings
One of the unexpected successes arising out of the last recession is the rebirth and renewed interest in older, historically significant buildings. In many ways, they have enjoyed a renaissance in being repurposed again. This process, known as adaptive reuse, is the tailoring of old structures for new purposes other than those initially intended. As old buildings outlive their … [More]
