The U.S. Department of Labor’s Wage and Hour Division (WHD) recently issued an opinion letter addressing whether daily expense reimbursement payments can be excluded from an employee’s regular rate when calculating overtime...more
Arizona’s hourly minimum wage will increase from $14.35 to $14.70 per hour, effective January 1, 2025. This increase is in accordance with the Fair Wages and Healthy Families Act, A.R.S. § 23-363(B), which requires Arizona’s...more
A recent District of Arizona opinion—Berkadia Real Est. Advisors LLC v. Wadlund, 2024 WL 4125533—found two different non-compete agreements to be unenforceable: one that was ancillary to the sale of a business and one that...more
In Nessel v. JDM Golf LLC, 2024 WL 3494378, the U.S. District Court for the District of Arizona granted summary judgment for an employer, dismissing the federal law and Arizona state law claims of a former employee alleging...more
The U.S. District Court for the District of Arizona recently evaluated the reasonableness of two restrictive covenants—the nonsolicitation of customers and the nonsolicitation of employees—along with claims related to...more
4/25/2024
/ Arizona ,
Employees ,
Employer Liability Issues ,
Employment Contract ,
Employment Litigation ,
Federal Trade Commission (FTC) ,
Final Rules ,
Non-Solicitation Agreements ,
Restrictive Covenants ,
State and Local Government ,
State Labor Laws
The Arizona Court of Appeals recently held in Papias v. Parker Fasteners LLC, No. 1 CA-CV 22-0775 (Ariz. Ct. App. Oct. 17, 2023), that a discharged employee could proceed with his retaliation claim against his former...more
11/7/2023
/ Adverse Employment Action ,
Appeals ,
Arizona ,
Employees ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
Former Employee ,
Former Employer ,
Retaliation ,
Sick Leave ,
Summary Judgment ,
Termination
In a recent decision, the Arizona Court of Appeals considered the claim that an employee was discharged for disclosing allegedly unsafe conditions in violation of the Arizona Employment Protection Act (AEPA), A.R.S. §...more
A federal court in Arizona recently rejected a defense for Arizona employers seeking to avoid liability for unpaid wages under the Arizona Wage Act (AWA). In Arrison v. Walmart, 2023 WL 4421425 (D. Ariz. July 10, 2023), the...more
9/1/2023
/ Arizona ,
Class Action ,
Coronavirus/COVID-19 ,
Employees ,
Employer Liability Issues ,
Employment Litigation ,
Fair Labor Standards Act (FLSA) ,
Retailers ,
State Legislatures ,
Summary Judgment ,
Virus Testing ,
Wage Act ,
Wage and Hour
The U.S. Department of Labor issued an opinion letter on May 30, 2023, clarifying how employers should calculate Family and Medical Leave Act (FMLA) leave taken by employees “during a week that includes a holiday.” The letter...more