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Oct 18, 2024 | 
jdsupra.com | Kristine Beaudoin |Jill L. Ripke |Paul Smith
A recent District of Arizona opinion—Berkadia Real Est. Advisors LLC v. Wadlund, 2024 WL 4125533—found two different non-compete agreements to be unenforceable: one that was ancillary to the sale of a business and one that was part of an independent contractor agreement. Typically, Arizona courts look to the reasonableness of a non-compete provision in light of the totality of the circumstances to determine its validity.
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Oct 2, 2024 | 
mondaq.com | Paul Smith
Washington Jury Awards Ex-UPS Driver $238 Million
Verdict in Hostile-Work-Environment Lawsuit: Sometimes
companies don't see employment issues as "bet the
company" problems. Tell that to UPS after it got hit with a
$238 million jury verdict in a hostile-work-environment
lawsuit.
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Aug 8, 2024 | 
jdsupra.com | Kristine Beaudoin |Jill L. Ripke |Paul Smith
[co-author: Jasmin Spearnock*]In Nessel v. JDM Golf LLC, 2024 WL 3494378, the U.S. District Court for the District of Arizona granted summary judgment for an employer, dismissing the federal law and Arizona state law claims of a former employee alleging sexual harassment (hostile work environment) and retaliatory discharge for reporting the alleged sexual harassment.
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Apr 22, 2024 | 
mondaq.com | Paul Smith
Would you believe it? California is considering expanding
employee rights. The California legislature is considering a bill
that would curtail employers from contacting employees outside of
working hours. Specifically, the proposed law would require
employers to establish a workplace policy that provides employees
the "right to disconnect" from communications from the
employer during nonworking hours.
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Mar 6, 2024 | 
jdsupra.com | Javier Garcia |Javier García |Paul Smith
In 2023, the National Labor Relations Board (the NLRB or Board) continued to expand employee rights and protections in the workplace.
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Nov 14, 2023 | 
mondaq.com | Paul Smith |Garrett Kitamura
By Paul R. Smith
Working through the interactive process required by the
Americans with Disabilities Act (ADA) can be a bumpy ride,
but employers often have options. On Nov. 6, 2023, the Supreme
Court declined to hear a UPS driver's disability case, which
means the Fourth Circuit Court's decision in favor of UPS
stands. In Hannah v. United Parcel Service, a UPS driver
suffered from back pain, so he requested a smaller truck, which
offered softer suspension.
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Nov 10, 2023 | 
mondaq.com | Jill L. Ripke |Paul Smith |Kristine Beaudoin
Recently, in Matthews v. City of Tempe, 2023 WL
6880652, the Arizona Federal District Court considered whether an
employer discriminated against a former employee when it denied him
an opportunity to telecommute on certain days but allowed female
employees to take advantage of remote work.
In December 2020, the city of Tempe instituted a policy that
allowed employees to telecommute for the first week after returning
to work from Families First Coronavirus Response Act (FFCRA) leave.
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Nov 9, 2023 | 
mondaq.com | Jill L. Ripke |Paul Smith |Kristine Beaudoin
The Arizona Court of Appeals recently held in Papias v. Parker Fasteners LLC, No. 1 CA-CV 22-0775 (Ariz. Ct. App. Oct. 17, 2023), that a discharged employee could proceed with his
retaliation claim against his former employer. The employee alleged
that he had been terminated when he attempted to use earned paid
sick time under Arizona's Fair Wage and Healthy Family Act
(the Act), A.R.S. § 23-371 et seq.
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Nov 8, 2023 | 
lexblog.com | Jill L. Ripke |Paul Smith |Kristine Beaudoin
Recently, in Matthews v. City of Tempe, 2023 WL 6880652, the Arizona Federal District Court considered whether an employer discriminated against a former employee when it denied him an opportunity to telecommute on certain days but allowed female employees to take advantage of remote work. Read the full Update here.
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Nov 8, 2023 | 
lexblog.com | Jill L. Ripke |Paul Smith |Kristine Beaudoin |Perkins Coie
The Arizona Court of Appeals recently held in Papias v. Parker Fasteners LLC that a discharged employee could proceed with his retaliation claim against his former employer. The employee alleged that he had been terminated when he attempted to use earned paid sick time under Arizona’s Fair Wage and Healthy Family Act. Read the full Update here.
