In February 2019, the Arizona Court of Appeals, Division One ruled that the Arizona State Legislature overstepped its authority in 2016, when it prohibited Arizona cities and other municipalities from enacting their own employee benefits ordinances. That ruling reinstated part of a 2006 law that permitted Arizona municipalities to pass local ordinances requiring employers to provide employment benefits more favorable than those provided under statewide laws. On August 27, 2019, the Arizona Supreme Court denied review of the Court of Appeals decision. Thus, Arizona municipalities continue to be free to enact ordinances that may be more “employee friendly” than other applicable statewide laws.
Courts have ruled that sweeping and overbroad employer-initiated disqualification policies must be struck absent business justification. But where is the line on what constitutes an overbroad and impermissible policy when applicant and employee disqualification is mandated by federal law?
On September 16 and September 20, two bills (A3199 and A3238) were introduced that would to varying degrees prohibit employers from requiring a credit check on current or prospective employees as a condition of employment. This makes six pending bills concerning this important topic, as four similar bills (A1519, S1791, A2561, and S1922) seeking to limit an employer’s use of credit checks were introduced earlier this year. None of the bills have been signed into law to date.
On March 26, 2014, a regional director for the National Labor Relations Board (NLRB) issued a decision and direction of election in a union representation petition filed by the College Athletes Players Association (CAPA) seeking to represent Northwestern University’s football players. CAPA, led by former Northwestern quarterback Kain Colter, petitioned…..