Proposed requirement to post notice of employee rights violates employer’s First Amendment rights, court rules A ruling viewed by employer groups as a big victory was issued by the U.S. Court of Appeals for the District of [...]

A recent NLRB decision requires employers to assess the need for, and extent of, investigative confidentiality on a case-by-case basis. Investigations in the workplace may be conducted in response to a wide variety of [...]

Under the Voluntary Classification Settlement Program, qualifying employers can reclassify independent contractors as employees, and gain significant relief from liability for past federal employment taxes. Workers are either [...]

Tribal and private entities seeking to hire workers on or near a reservation should be aware of confusing and conflicting statutes and case law that can affect the employment relationship. Generally, tribes and tribally owned [...]

Well-intended employment policies designed to protect the company from employees’ misuse of Facebook and other social media services can have grave legal and regulatory consequences. As the use of social media and [...]

Before firing an employee, employers should analyze the potential for a lawsuit or administrative claim A common belief among many employers is that, because Arizona is an at-will employment state (i.e., in the absence of a [...]

In June 2011, the U.S. Supreme Court upheld the Legal Arizona Workers Act that the Arizona legislature passed in 2007. The Act, which went into effect January 1, 2008, requires employers to use E-Verify to ensure that workers [...]

Arizona’s new medical marijuana regulations go into effect April 13; are you (and your drug-testing policies) ready? In the November 2010 general election, Arizona voters approved the Arizona Medical Marijuana Act (A.R.S. [...]

Classifying an employee as exempt or non-exempt can be a tricky analysis, and failure to properly classify an employee can result in a loss of the exemption The Fair Labor Standards Act (FLSA) sets forth, among other things, [...]

In order to avoid liability under GINA, the EEOC encourages employers to use specific disclaimer language to prevent the disclosure of genetic information In the past, the idea that we would have federal law to prevent [...]