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. [...]
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 [...]
Judge: NCAA Student Athletes Are Not Employees
February 29, 2016
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 [...]
Failure to Timely and Thoroughly Investigate Sexual Harassment Claims May Cost You
February 3, 2016
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 [...]
The History of Indian Voting Rights in Arizona: Overcoming Decades of Voter Suppression
February 1, 2016
General
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 [...]
Spoliation
January 4, 2016
Construction Law
Failure to preserve evidence in a legal action can carry harsh consequences and is particularly challenging in the construction context. Brian Flaherty was the chapter author of “Spoliation,” Arizona Construction [...]
Construction Risk Management Through Insurance
January 2, 2016
Construction Law
A comprehensive look at insurance for contractors and subcontractors, from the perspectives of an experienced construction law attorney and an insurance professional. Brian Flaherty was a chapter co-author (with Chris Duncan, [...]
Joint Employment: NLRB Ruling Poses New Risks for Employers
September 22, 2015
Employment Law
Companies that contract with other companies to provide workers may be tagged as “joint employers” liable for issues not of their own making. For employers dealing with worker relationships, federal and state employment [...]
Employee Misclassification and the “Economic Realities” Test
September 12, 2015
Employment Law
A worker who performs a function that is an “integral part” of the employer’s business is less likely than ever to be treated as an independent contractor. In a recent regulatory pronouncement discussing the Fair Labor [...]