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]
Employers vs Employees on Social Media Posts
Social media is increasingly ubiquitous in the corporate world. From marketing campaigns to talent acquisition, today there is at least some social media component in almost everything a successful company does. Yet, despite the prominent role social media plays in modern business, it retains something of its origins among college students and garage bands. The … [More]
Endorsements, Testimonials and the FTC
The fast-forward button on a DVR and other advancements make it easier for consumers to avoid advertisements on traditional media platforms, leading more and more businesses to rely on endorsements, testimonials and reviews on social media platforms to market their products and services. While favorable reviews of an advertiser’s product on Twitter or a picture of a celebrity … [More]
Preparing to Sell Your Business
There are many considerations you must consider when you are getting ready to sell your business. Most owners are quick to jump to how much money they will receive or when the deal will close. But before you spend a lot of time and energy on the sale of your business, you should take a few steps to prepare your business for sale: at worst, it will make the sale process go more … [More]
A Business’s Accountability in Human Rights Violations
Corporate human rights abuse is a topic getting more and more visibility, and most companies today are aware of violations across the world and are keen to not promote such abuses. But how much of a duty does a company have to actively monitor whether its activities lead to human rights abuses? Do companies face legal or reputational risks if they don’t take steps to actively … [More]
Raising Money for a Business
All businesses need cash to operate. Sometimes a business may need outside financing for buying a new piece of equipment, research and development, buying inventory, or adding sales and marketing capacity. There are two ways to finance the capital of a business: The business can borrow money, called “debt financing,” or the business can sell part of its ownership to an … [More]
Starting a Business? Make Good Choices on Entity Type
One of the first and most important decisions an entrepreneur will face in launching a new business is what type of entity to incorporate as. In this article, we’ll focus on some of the pro and cons associated with three common choices — corporation (also sometimes referred to as a “C corporation” because it is taxed as a separate legal entity under Subchapter C of the Internal … [More]
The Employer Shared Responsibility of the Affordable Care Act
After considerable fits and starts, the employer responsibility provisions of the Patient Protection and Affordable Care Act (PPACA) are now in full play. While implementing regulations and related notices can be complex, business owners should understand the basics in order to avoid penalties, identify the best-suited healthcare solutions for their workforce and remain … [More]
Politics in the Workplace: A Primer for Arizona Businesses
‘Tis the season for contentious conversations, as the 24-hour news cycle is in overdrive with Clinton, Trump, immigration policy, Black Lives Matter, LGBT rights and healthcare concerns, to name just a few. The proper handling of hot-topic politics in the workplace should be paramount for all employers during this fiery political season, as these emotionally charged political … [More]
Congress Gives EPA More Authority to Regulate Chemicals
In June, President Obama signed into law the Frank R. Lautenberg Chemical Safety for the 21st Century Act, landmark legislation modernizing the decades-old Toxic Substances Control Act (TSCA), the little-known but very important federal law that regulates chemicals in the United States. Approved by large bipartisan majorities in Congress, the Lautenberg Act addresses some of … [More]
File this Under: The Complexity of Managing Personnel Documents
The basic management of personnel files used to be pretty simple: Collect some basic information and stick the files on a shelf somewhere. Today, the matter of collecting and storing private employee information is not as simple, even with the available option of going digital. For example, today’s employers and human resources managers have to track immigration forms, Equal … [More]
Navigating Commercial Leasing to Medical Marijuana Dispensaries
Growing and selling marijuana may be the most controversial business in America, but, due to changing public opinion and the current political climate, it shows no signs of slowing down. Unless the Federal government decriminalizes the manufacture, sale and use of marijuana, it remains a very risky business, not just for the business owners but also for the landlords who lease … [More]
New Overtime Rules to Impact Arizona Employers
Beginning December 1, 2016, the minimum salaries for most exempt jobs will more than double, to $47,476 from the existing $23,660 required. On May 18, the U.S. Department of Labor dealt its long-anticipated regulatory amendments for “white collar” overtime exemptions under the Fair Labor Standards Act, which included increases to the mandatory base salary requirement. The … [More]
How to Know When to Litigate
Back in the day if a person was wronged, a business defamed or promise unfulfilled, the offended party could challenge his opponent to a duel, meet at high noon, step off his paces, and pray to God that neither his opponent’s aim nor his pistol were more accurate than his own. Historically, we’ve too often solved disputes with threats or violence (or at least by sending Luca … [More]
