Employment & Labor



An appeal of an administrative agency’s decision now leads to a fresh trial in Superior Court, where the agency’s decision is disregarded.

AMENDMENTS TO A.R.S. § 12-910 REMOVE ALL DEFERENCE TO THE AGENCY’S RULING.

Under older versions of A.R.S. § 12-910, the decisions of administrative agencies received deference from the Court. That is to say, in any close question of fact or law, the Court was required to defer to the agency’s decision or interpretation.

The Court’s duty to defer to administrative agencies began to erode a few years ago. In 2018 the Legislature amended A.R.S. § 12-910 to remove
Continue Reading Changes in Arizona law governing administrative appeals create new opportunities and challenges for contractors in ROC hearings



If you have a case before the Arizona Office of Administrative Hearings, an administrative subpoena can help you get the information you need to support your argument.

By



Mickell Summerhays

and

Jamie Hanson

In an administrative proceeding, there are two types of subpoenas: One compels a witness to attend the hearing, and the other – more common and often more useful – compels a party to produce documents.[1]

Obtaining a Subpoena.

Getting either type of subpoena is a two-step process.

First, you create the actual subpoena document, which includes the title of the case, what the subpoena is asking
Continue Reading Do-it-yourself subpoena: a useful tool in an administrative hearing

Communication is a singular important matter in all interactions between people. But most people don’t focus in a manner befitting this importance. Communication does not always happen in a way leading to understanding on the same level between the participants in the conversation. This is high-lighted by a quote that I like:

The single biggest problem in communication is the illusion that it has taken place – George Bernard Shaw

Do the people you communicate with understand what you are trying to convey? If you think so, how do you know? Odds are the communications are not as clear as you
Continue Reading Communicate to be understood

Many of us just celebrated Thanksgiving – near the end of another odd year. In thinking about writing about being thankful or gratitude, I thought back to posts from the last few Novembers. I can’t say it better, so here is my annual blog for the week of Thanksgiving.

This is a good time of year to think of gratitude generally and what you’re thankful for specifically. At the same time, it’s a great time of year to spread good feelings, which you can do by letting others know when you appreciate something they have done for you. In the
Continue Reading Show gratitude always – don’t delay, start today!

During the Holiday Season, or for important scheduled events, I often have business clients ask what should and should not occur at a work event.  Specifically, what should happen at work-sponsored social events.  These concerns have increased in light of constant news headlines where parties and out-of-work interactions have been a source of allegations of improper […]
Continue Reading Work Celebrations—Practical Guidelines

Who you associate with is important in business and in life. You should surround yourself with people who add value. In business it may be a mentor or connector. In your personal life it may just be someone who makes you laugh. Never underestimate the value of humor and laughter.

The saying “everything is who you know” exists for a reason. In the context of business, this makes a difference.

I used to grab lunch or coffee with anyone who asked or was connected with me. Over time, I came to value my time enough to think about who I
Continue Reading Wealth is the company you keep

There are many facets to success. The road is different depending on your profession, but in all situations it involves opportunity and preparation, as well as timing and hard work. The preparation and hard work count as investing in yourself and your future.

Preparation makes the hard work look easier to those on the outside. It’s the investment in yourself. Sometimes you can wing it, but most times you aren’t fully prepared, someone who matters will know. Preparation may be easy, which is always nice. But other times it’s hard and trying. In all situations it’s imperative to do so
Continue Reading Success = opportunity + preparation

If you’ve been contemplating starting your own company for some time, chances are you’ve put a considerable amount of thought into how you plan to achieve your dreams of business ownership. Most entrepreneurs are driven, energetic people who devote considerable time and effort to strategy and planning. Unfortunately, despite the best of intentions, the majority […]
Continue Reading Essential Items to Consider When Starting a New Business



If the federal government wrests worker safety enforcement from the state Industrial Commission, Arizona employers will face greater regulatory compliance burdens.

By

Andrew Wenker

(480-534-4879 or

email

)

  • having a written plan to mitigate the spread of COVID-19;

  • providing personal protective equipment to workers;

  • ensuring social distancing where possible; and

  • providing paid time off for workers to become vaccinated or recover from side effects.

Because Arizona had laws and regulations in place that would potentially address the contents of the ETS, in July 2021 the Industrial Commission requested

certain deviations

that would exempt the state.

Specifically, Arizona law already permitted
Continue Reading OSHA “power grab” poses a new regulatory threat to Arizona employers

Thinking about celebrating is inspired by my wife, who has a big birthday tomorrow. We have made special plans with people we care about. In these times it would have been easy to not do so, have a quiet moment with immediate family, and move one. But when you do that time keeps marching forward and you’re missed an opportunity.

The opportunity missed is the chance to celebrate a person, an occurrence, a moment worth celebrating. This applies in the workplace too. For me, I know the times I received a huge ruling from a court on a trial or
Continue Reading Celebrate the moments

Because of the misconception that organizing a business is extremely expensive, many new business owners are tempted to incorporate by utilizing an online do-it-mostly-yourself service. The potential business owners incorrectly believe they will save money bypassing an attorney in favor of using these services on the Internet. The frequent television, radio, and social media advertisements […]
Continue Reading The Pitfalls of Using an Online Company to Start a Business

In our scattered multitasking world focus still matters. Our brains aren’t built to do multiple things at once, at least not well. This is a problem when we have tasks or projects requiring focus and attention.

You probably have tools or processes you use to try and focus. This may include closing your office door, putting your phone on do not disturb, or doing the work at a time or day (think early or on the weekend) when interruption is less likely. I find it easier to have uninterrupted time earlier or later in the day and I’m not the
Continue Reading Focus



Effective September 29, 2021, amendments to a pesky Arizona law make many forms of advertising – radio, television, internet, and outdoor – a bit simpler for Arizona licensed contractors.

By

Jason Clark

(480-534-4876,

email

)

Specifically, licensed contractors are excused from displaying or mentioning their license number on broadcast, internet or billboard advertising (including vehicle signage)

if the ad includes a web address

that “prominently displays the licensee’s name and license number.” (See the revised

A.R.S. § 32-1124

.)

For these purposes,

the ROC has explained

that a licensee’s name and ROC license number are “prominently displayed” if they:

  • appear


Continue Reading Arizona law eases advertising requirements for licensed contractors