Posted by Diana Lauritson on Jun 3, 2015
By: Kami M. Hoskins
On June 1, 2015, the Supreme Court of the United States (“SCOTUS”) issued its decision reversing the Tenth Circuit’s award of summary judgment in favor of Abercrombie & Fitch Stores, Inc. in the closely watched employment discrimination case. Title VII of the Civil Rights Act of 1964 as amended (“Title VII”) provides for two types of religious discrimination in employment claims: (i) disparate treatment, also known as “intentional discrimination”; and...
Posted by Diana Lauritson on May 11, 2015
A tax audit letter from a government agency can sink even the hardiest of business owner’s stomach. Yet, a tax audit letter from the Department of Economic Security (DES) may not create the same sense of dread. These audits typically involve low dollar amounts, which may lure business owners into a false sense of security. However, a DES audit should put business owners on high alert. Although the dollar amounts may be low, a determination by DES that a business’ independent contractors are...
Posted by Diana Lauritson on May 1, 2015
By John G. Sestak, Jr.
In recent years, the National Labor Relations Board (NLRB) has launched a new approach with respect to employer/employee relations by studying employer handbooks to determine whether they violate the rules protecting concerted activity. On March 18, 2015, NLRB General Counsel Richard F. Griffin, Jr. issued a report and Memorandum offering “guidance” on various provisions of employer handbooks in his hope that employers review their handbooks and rules to ensure...
Posted by Diana Lauritson on Apr 30, 2015
By Lindsay G. Leavitt
To pay, or not to pay? For Arizona employers offering internships, that is the question. Since the Great Recession, the number of unpaid internships has mushroomed, presumably because employers desire to reduce costs while students still need to bolster their resumes. What for-profit employers need to know, however, is that most unpaid internships violate Federal and Arizona laws.
The Fair Labor Standards Act (FLSA) is a federal law that defines “employ” and...
Posted by Diana Lauritson on Feb 24, 2015
By Kami M. Hoskins
The Department of Labor (DOL) will publish a Final Rule this week revising the regulatory definition of “spouse” under the Family and Medical Leave Act of 1993 (FMLA). The changes will allow eligible employees in same-sex marriages to take FMLA leave to care for their spouses or family members, regardless of where the employee resides. The DOL issues the Final Rule in response to the Supreme Court’s June 2013 decision in U.S. v. Windsor, which held section 3 of The...
Posted by Diana Lauritson on Dec 15, 2014
By Keith F. Overholt
A new name has entered the lexicon of American labor law: Purple Communications. It will turn employers several shades of red when they learn that, on December 10, 2014, the National Labor Relations Board (NLRB) held that if an employer makes its e-mail available to its employees for use in connection with their job, the employer must permit employees to use the e-mails system “for statutorily protected communications.” In a union context, that means if a union is...
Posted by Diana Lauritson on Jul 18, 2014
By John G. Sestak, Jr.
U.S. Equal Employment Opportunity Commission (EEOC) commenced litigation against CVS Pharmacy, Inc. alleging that its separation agreements unlawfully prevented employees from communicating with the agency (the EEOC) or filing discrimination claims. Legal commentators have indicated that the form of separation agreement used by CVS is fairly standard for employers throughout the country. However, the EEOC contends that the separation agreements interfere with the...