AZ Senate Bill 1403 Imposes New Workers’ Compensation Notice Requirements for Employers

As a result of Arizona Senate Bill 1403, effective September 24, 2022, the Arizona worker’s compensation statute will be amended to add section A.R.S. § 23-1061(N). The new statutory provision applies when an insurance company and/or a self-insuring employer receives … Continue reading

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Fair Labor Standards Act Update: Recent Federal Court Decisions Signal Potential Trend Against Requiring Judicial Approval of FLSA Settlements

On August 8, 2022, a Kentucky federal judge granted two stipulated dismissals filed by plaintiffs in a conditionally certified Fair Labor Standards Act (“FLSA”) case—without first reviewing and approving the settlement entered into between the parties. U.S. District Judge Benjamin … Continue reading

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NLRB Awards Bargaining Expenses To Union

In a recent case, the Court of Appeals for the 9th Circuit enforced an order of the National Labor Relations Board (“NLRB” or “Board”) requiring an employer to reimburse the union for the expenses that the union incurred during collective bargaining … Continue reading

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Two More States Enact CROWN Act Laws Prohibiting Discrimination Based on Hair Texture and Style

Louisiana and Massachusetts recently became the latest two states to pass laws on Creating a Respectful and Open World for Natural Hair (CROWN Act). CROWN Act laws generally prohibit discrimination based on hairstyles and hair textures that are associated with … Continue reading

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SCOTUS Issues Employers Relief in PAGA Actions

Since 2004, the Private Attorneys General Act (“PAGA”) has been a thorn in the side of employers in the State of California. Indeed, there are approximately 17 PAGA actions filed every day in the state. A PAGA claim allows a … Continue reading

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Beware of the Use of Artificial Intelligence Recruitment and Hiring Tools

As the use of artificial intelligence recruitment and hiring tools becomes more prevalent, it is important to remember that such processes are subject to anti-discrimination laws. Employers have an obligation to inspect such tools and processes for bias based on … Continue reading

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New Employee Safety Bill May Increase Litigation in California

The California Senate recently pass a bill which, if enacted, would permit employees in California to refuse to report to work when they feel “unsafe.”  The bill purports to apply during major natural disasters and states of extreme peril, but … Continue reading

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Fighting Abuse in the Workplace – NLRB Examines Employee Abusive Conduct Under NLRA Law

Employers often confront situations involving employees’ argumentative, aggressive, and opprobrious conduct during department or other group meetings, evaluations, or disciplinary meetings with supervisors. Even though the employees’ opinions or arguments on the subject matter discussed at those meetings may constitute … Continue reading

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Effective April 1, 2022: Tucson, Arizona’s Minimum Wage Ordinance

It’s not an April Fools’ Day joke – tomorrow, Tucson’s Minimum Wage Act (the “Act”), also known as Proposition 206, takes effect. The Act increases the minimum wage to $13.00 per hour for all employees (full-time, part-time, temporary, and those engaged through an … Continue reading

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It’s Official: The “Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act” Is Now Law

As anticipated, President Joe Biden signed into law the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (“the Act”) today. Effective immediately, the Act amends the Federal Arbitration Act and limits the enforceability of U.S. employers’ mandatory arbitration agreements … Continue reading

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