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Resources

New OSHA Rule May Impact Post-Accident Employee Drug Testing

September 5, 2016 Sacks Tierney Employment Law
Employers must be cautious about post-accident drug testing, to avoid potential OSHA sanctions for retaliating against employees who report accidents. A new rule issued by the Occupational Safety and Health Administration [...]
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Equitable Subrogation and Lender Options

August 14, 2016 Stephen A. Benson James S. Samuelson Real Estate Law
In recent years, Arizona courts have decided a number of cases involving equitable subrogation, not all of which can be easily reconciled. The idea is that when a lender makes a loan that takes out an existing loan on a piece [...]
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Trends in Arbitration and Mediation Case Law, Local and National

August 14, 2016 David C. Tierney Dispute Resolution
An update on recent developments in Arizona case law related to ADR, particularly arbitration and mediation. 1. Introduction The purpose of this article is to briefly bring you up to date on recent developments in Arizona [...]
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Arizona’s Implied Covenant of Good Faith and Fair Dealing May Apply to Workers in Multiple States

August 14, 2016 Sacks Tierney Litigation and Appeals
Class Action: In Garza v. Gama, the Arizona Court of Appeals found that Arizona’s implied covenant applied to the compensation arrangements between a trucking company and 80,000 drivers, even though not all of the drivers [...]
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Ninth Circuit Widens Circuit Split on Enforceability of Class and Collective Action Waivers

August 9, 2016 Shar Bahmani Employment Law
The Ninth Circuit joins the Seventh Circuit and NLRB, determining that class action waivers violate the National Labor Relations Act and are therefore unenforceable. This article was published in the August 23, 2016, issue of [...]
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The Rising Pressure Against the Labor Department’s “Persuader Rule”

July 11, 2016 Shar Bahmani Employment Law
The DOL’s new rule is currently blocked while the DOL, employers, attorneys representing management, and labor consultants remain in a state of limbo. This article was published in the July 12, 2016, issue of Law360. [...]
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Seventh Circuit: Class and Collections Waivers Violate NLRA

May 26, 2016 Shar Bahmani Employment Law
Court of Appeals upholds an NLRB decision holding that class and collection action waivers in arbitration agreements are unlawful and unenforceable. This article was published in the May 26, 2016, issue of the National Law [...]
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Judge: NCAA Student Athletes Are Not Employees

February 29, 2016 Shar Bahmani General
A federal court ruling comes on the heels of the NLRB’s decision to decline jurisdiction in a case brought by college athletes seeking the right to organize and join labor unions. The month of March is synonymous with [...]
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Failure to Timely and Thoroughly Investigate Sexual Harassment Claims May Cost You

February 3, 2016 Shar Bahmani Employment Law
A Sixth Circuit ruling reaffirms to employers the importance of taking seriously an employee’s claim of sexual harassment. This article was published in the February 15, 2016,, issue of the National Law Review. The [...]
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Obama Announces Further Efforts to Combat Gender Pay Inequality

January 14, 2016 Shar Bahmani Employment Law
The proposed rule would dramatically expand the scope of required disclosures by employers. This article was published in the January 29, 2016, issue of the National Law Review. A little-known (or perhaps forgotten) fact is [...]
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