OSHA, Industrial Commission of Arizona Issue Guidance on Recording COVID-19 Cases and Potential Workers’ Compensation Liability

Only one day before Arizona’s “Stay Home, Stay Healthy, Stay Connected” order was set to expire, Arizona Governor Doug Ducey issued Executive Order (EO) 2020-33. Governor Ducey announced the modified extension of the stay-at-home order at a press conference on the afternoon of April 29, 2020. Consistent with the previous order, Arizonans must continue limiting their time away from their homes, except for participating in “Essential Activities,” employment in “Essential Functions,” and utilizing services or products of “Essential Businesses.”

Arizona Governor Extends Stay-at-Home Order, But Non-essential Retailers May Take First Steps to Reopening

Only one day before Arizona’s “Stay Home, Stay Healthy, Stay Connected” order was set to expire, Arizona Governor Doug Ducey issued Executive Order (EO) 2020-33. Governor Ducey announced the modified extension of the stay-at-home order at a press conference on the afternoon of April 29, 2020. Consistent with the previous order, Arizonans must continue limiting their time away from their homes, except for participating in “Essential Activities,” employment in “Essential Functions,” and utilizing services or products of “Essential Businesses.”

Returning to Work in Arizona: What Employers Need to Do to Prepare

On March 30, 2020, Arizona Governor Doug Ducey issued the “Stay Home, Stay Healthy, Stay Connected” order. The order, which went into effect on March 31, 2020, is set to expire on April 30, 2020. While he has not officially released a return to work plan, Governor Ducey previously stated that he would act in Arizona’s best interest, and is considering three options: (1) allow the order to expire; (2) extend the order; or (3) extend the order with modifications.

Arizona Governor Ducey Declares a Public Health Emergency to Combat Continued Spread of COVID-19

In our recent article, we explained the COVID-19 epidemic’s potential impact on Arizona employers’ duty to provide paid sick leave to their employees. Significantly, we noted that in the event the governor declared a “public health emergency,” various business and school closures ordered by a “public official” in connection with that declaration could trigger paid sick leave obligations under Arizona’s earned paid sick time law.

Arizona Employers and the Coronavirus: How to Prepare if COVID-19 Is Declared a Public Health Emergency

Since February 2020, the spread of COVID-19 (commonly referred to as the coronavirus) has morphed into an expanding health emergency in the United States. While efforts to sufficiently stem the adverse effects of the virus to escape the mass disruptions and quarantines experienced in China and other countries are still possible, prudent and responsible Arizona employers may want to prepare in the event the virus dramatically increases its presence here.

New Year, New Minimum Rates: State-by-State Minimum Wage Updates for 2020

In 2020, a number of states’ minimum wage rates will increase. The following chart lists the states’ (and certain major localities’) minimum wage increases for 2020—and future years if available—along with the related changes in the maximum tip credit and minimum cash wage for tipped employees. The federal minimum wage will remain at $7.25 per

Arizona Municipalities Retain Authority to Enact Benefits Ordinances After State High Court Denies Review

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. On August 27, 2019, the Arizona Supreme Court denied review of the Court of Appeals decision.

Arizona Employers, Remain Vigilant! State Legislature Approves New Service Methods for Writs of Garnishments

The Arizona legislature recently passed a bill that would amend Arizona Revised Statutes Section 12-1574 to change how writs of garnishments can be issued and served on garnishees, including employers. House Bill (HB) 2230 went to Governor Doug Ducey for signature on March 19, 2019, and he is expected to sign it soon.

Salary History Is Not Quite History in the Ninth Circuit, According to Supreme Court

On February 25, 2019, in a much awaited decision, the Supreme Court of the United States issued a per curiam ruling in Yovino v. Rizo, No. 18-272, 586 U.S. ___ (2019). Rather than address the substantive issue of whether an employer may rely on salary history to establish starting pay under the federal Equal Pay Act (EPA), the Court vacated and remanded the matter on a procedural—yet still important—issue.

Due Process and Primary Jurisdiction Defenses to Website Accessibility Claims Fall Like Dominoes in the Ninth Circuit

The Ninth Circuit Court of Appeals issued its highly-anticipated website accessibility opinion in Robles v. Domino’s Pizza, reaffirming the obligation to make retailers’ websites accessible and rejecting the due process and primary jurisdiction arguments commonly asserted by defendants in website accessibility litigation.

2018 Arizona Legislative Session: What’s New for Arizona Employers?

Arizona’s fifty-third legislature ended in early May of 2018 while over 50,000 demonstrators protested for increased education funding at the state capitol. While the #RedForEd movement essentially ground all remaining legislative action for the 2018 session to a halt, the legislature did manage to pass 369 bills this session before its attention turned entirely to education funding. However, only four bills that substantively impact employers made it to the governor’s desk and either received his signature or were allowed to become effective after the veto deadline passed.

New Year, New Pay: A State-by-State Roundup of Minimum Wage Increases for 2018

In 2018, the federal minimum wage will remain at $7.25 per hour for non-tipped employees and $2.13 per hour for tipped employees. The following table summarizes the statewide minimum wage increases that have been announced for 2018, along with the related changes to the maximum tip credit permitted and minimum cash wage allowed for tipped employees.

Serial Plaintiffs’ Lawyer Commences Latest Round of Hotel Litigation: How Can Hotels Protect Themselves?

Just as one flood of lawsuits against Arizona businesses finally dries up, another downpour begins. Peter Strojnik of Phoenix, the same attorney who filed more than 1,100 lawsuits that drew the attention of the Arizona attorney general, has filed approximately 60 new lawsuits under the Americans with Disabilities Act (ADA) against motels and places of lodging in the last three months in federal court in Arizona.

ICA Issues 18 New Pages of Paid Sick Leave FAQs: The Top 10 Highlights for Employers

On June 30, 2017—the day before Arizona’s new paid sick leave law went into effect—the Industrial Commission of Arizona (ICA) issued 18 pages of new frequently asked questions (FAQs). Some of the FAQs merely restate the draft regulations, while others provide useful examples helping to give color to draft supplemental regulations recently issued.

Need Your Own Sick Leave Yet? ICA Issues Supplemental Draft Regulations on Arizona Paid Sick Leave

On June 27, 2017, the Industrial Commission of Arizona (ICA) issued supplemental draft regulations. The supplemental regulations tweak some of the draft regulations the ICA issued on May 5, 2017. Some supplemental regulations are entirely new and help clarify several important yet unanswered questions lingering in employers’ minds.

Arizona’s Paid Sick Leave Law, Part III: Record-Keeping, Shifting Employment Relationships, and Tips for Drafting Policies

Arizona’s new paid sick leave law—Proposition 206 or The Fair Wages and Healthy Families Act—will go into effect on July 1, 2017. Since the law passed, the Industrial Commission of Arizona (ICA) has crafted proposed regulations and a number of frequently asked questions (FAQs). This three-part blog series examines the intricacies of the ICA’s current proposed regulations and FAQs.

Arizona’s Paid Sick Leave Law, Part II: The “Same Hourly Rate,” Attendance, and Coverage Questions

Arizona’s new paid sick leave law—Proposition 206 or The Fair Wages and Healthy Families Act—will go into effect on July 1, 2017. While we previously explained key components of the law, the Act left many important questions unanswered. Since the law passed, the Industrial Commission of Arizona (ICA) has crafted a limited set of proposed regulations, which remain subject to review and approval by the state attorney general or the Governor’s Regulatory Review Council.