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Employers Should Prepare Now for New White-Collar Overtime Rule

Employers Should Prepare Now for New White-Collar Overtime Rule
By: Kami Hoskins Employers take note – major changes may be coming to overtime regulations. According to the U.S. Department of Labor (DOL), a proposed rule change would extend overtime protections to nearly 5 million white collar workers.  The proposed changes are anticipated to be finalized within the coming months, and employers should start planning now. By way of background, on July 6, 2015, the DOL issued a proposed rule revising the Executive, Administrative, Professional, Outside...
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More ADA Cases Filed by Serial Plaintiff David Ritzenthaler

More ADA Cases Filed by Serial Plaintiff David Ritzenthaler
By: Lindsay Leavitt If Phoenix-area business owners don’t already know who David Ritzenthaler is, they soon will. The Scottsdale resident has sued more than 200 local businesses and landlords for alleged parking lot violations of the Americans with Disabilities Act. And he is just getting warmed up—I anticipate that he could file up to 10,000 ADA lawsuits within the next six months. Read my earlier blogs about Mr. Ritzenthaler’s lawsuits here and here. There is a method to Mr....
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Disabled Man Sues Dozens of Arizona Businesses Over Handicapped Parking Spaces

Disabled Man Sues Dozens of Arizona Businesses Over Handicapped Parking Spaces
By: Lindsay Leavitt Arizona has quickly become ground-zero for lawsuits arising under the Americans with Disabilities Act (ADA). Previously, I blogged here and here about two other serial plaintiffs who had filed more than 200 lawsuits against Arizona hotels, restaurants, bars and other places of public accommodation, alleging an assortment of ADA violations. Right when those lawsuits were beginning to slow and business owners started breathing sighs of relief, another serial plaintiff has...
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It Begins: Arizona Restaurants/Bars Must Prepare for Tidal Wave of ADA Lawsuits

It Begins: Arizona Restaurants/Bars Must Prepare for Tidal Wave of ADA Lawsuits
By: Lindsay G. Leavitt Arizona is quickly joining the ranks of California, New York and Texas as a hotbed for lawsuits arising under the Americans with Disabilities Act (ADA). Last month, I blogged about (and have personally defended numerous hotel owners against) lawsuits filed by Theresa Brooke, a wheelchair bound Arizona woman who has sued more than 150 Arizona hotel owners for failing to provide wheelchair accessible pool lifts. Now, it appears another disabled serial plaintiff has...
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An Employee Suffering From Alcoholism Is Protected Under the Americans with Disabilities Act

An Employee Suffering From Alcoholism Is Protected Under the Americans with Disabilities Act
  By: Lindsay G. Leavitt After it was reported that USC football coach Steve Sarkisian had shown up intoxicated to a team meeting—and that he allegedly coached a game against ASU under the influence[1] —he was quickly fired.  What many employers need to understand, however, is that alcoholism is considered a disability under the Americans with Disabilities Act (ADA). Every employer knows that it can’t discriminate against and must provide reasonable accommodations to a...
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Disabled Woman Sues More Than 100 Arizona Hotels for Failing to Provide Wheelchair Access to Pools/H...

By Lindsay G. Leavitt Theresa Brooke, a wheelchair bound Arizona woman, has in the past several months filed more than 100 lawsuits against Arizona hotel owners for failing to provide wheelchair pool lifts. Her M.O. is simple. Ms. Brooke (or her attorney/representative) calls a hotel and inquires whether it has a wheelchair pool lift. If the hotel replies that it doesn’t, Ms. Brooke will file a lawsuit. Some hotels have filed motions to dismiss, arguing that Ms. Brooke has no standing to...
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Medical Marijuana in the Arizona Workplace

By Lindsay G. Leavitt With the enactment of the Arizona Medical Marijuana Act (“AMMA”) in 2010, the number of medical marijuana card holders in Arizona is over 65,000 and growing.[1] Chances are your business does or will employ one of them. This article will answer the five most pressing questions facing Arizona employers with the goal of helping them avoid the legal weeds[2] surrounding medical marijuana in the workplace. 1. Can employers discipline or refuse to hire an...
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