Labor and Employment Law Blog

SCOTUS to Address Current Split Over Enforceability of Class Action Waivers Contained in Mandatory Arbitration Policies

Many employers have implemented mandatory arbitration policies requiring that all employment related disputes be resolved through final and binding arbitration rather than in traditional court proceedings. In addition to these potential benefits, many employers have added class action waivers to their arbitration policies, in essence requiring that claims be brought on an individual basis only, and […]

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Of Counsel

Does Your Federal Contractor Paid Sick Leave Policy Comply with Prop. 206?

Companies that entered into qualifying federal contracts since January 1, 2017 are required to have a sick leave policy, or an equivalent paid time off policy, that complies with federal Executive Order 13706. That Executive Order requires, among other things, that employers provide up to 56 hours of paid sick time each year. Arizona’s Fair […]

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Of Counsel

The SEC Expands Enforcement Program Based Upon Standard Corporate Separation Agreements

The contents alone of commonly used, form Separation Agreements, Confidentiality Agreements, and other standard corporate documents can result in significant fines and other penalties imposed by the Securities Exchange Commission (SEC) and other federal enforcement agencies. These agencies take the position that standard release and nondisclosure language commonly found in such documents has the potential effect […]

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Of Counsel

Arizona Legislative Assistance in Correctly Classifying Workers as Independent Contractors

Completing and complying with a government supplied “Independent Contractor Certificate” presumptively establishes an independent contractor legal relationship for Arizona state law purposes. See A.R.S. § 23-1601(B).  The effect of this Arizona form Independent Contractor Certificate on federal law questions involving independent contractor status is yet to be determined. For more information, click here.

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Of Counsel

Ninth Circuit Invalidates Class Action Waivers Contained in Employment Arbitration Policies

The Ninth Circuit, currently joined by two other federal courts of appeal, has adopted the longstanding position of the National Labor Relations Board (“NLRB”) that class action waivers commonly found in employment arbitration agreements violate the right to engage in protected concerted activity pursuant to the National Labor Relations Act (“NLRA”).  Two other federal courts […]

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Of Counsel