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Latest from Lang & Klain, P.C.

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Inconsistency among Arizona’s trial courts in how the 2021 statutory revisions are to be applied make legal strategies difficult for contractors to employ statewide.

By

Jamie Hanson

In September 2021, the Arizona legislature amended

A.R.S. § 12-910

, which governs appeals of administrative decisions by the Registrar of Contractors and allows for a

trial de novo

after an ROC hearing.

We discussed the effects of those amendments in two previous articles:

…
Continue Reading ROC cases and the “trial de novo” statute: After three years, uncertainty endures

Announcement of the new rule has triggered multiple legal challenges that could delay its enforcement.

Going forward, employers are prohibited from entering into new non-competes, even for executives, and must notify workers bound by existing agreements that the non-compete provisions will not be enforced. The FTC is of the opinion that this rule will alleviate burdens on workers and foster a more dynamic and competitive labor market.

The rule includes a few exceptions, such as existing agreements with senior executives and non-competes that exist as part of the sale of a business. 

Legal Challenges.

The FTC announcement triggered immediate legal…
Continue Reading FTC: Non-compete agreements are no longer enforceable

Lang Thal King & Hanson ranked #8 in the categories of construction litigation and commercial litigation in Ranking Arizona in 2024. Thank you for your support!

Vote for Lang Thal King & Hanson in Ranking Arizona 2025 for Construction Litigation

Vote for Lang Thal King & Hanson in Ranking Arizona 2025 for Commercial Litigation

…
Continue Reading Lang Thal King & Hanson Make the Top 10 in Two Categories in Ranking Arizona 2024

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We are pleased to announce that

Jason Clark

has been elected as a partner at Lang Thal King & Hanson PC.

A Super Lawyers “Rising Stars” and

Best Lawyers®

“Ones to Watch” honoree who joined our firm in 2015, Jason offers national law firm experience and an extensive track record of successful outcomes for his clients in all aspects of construction disputes and

Registrar of Contractors proceedings

. 

Jason’s recent construction law experience includes matters involving:

He also represents…
Continue Reading Jason Clark Elected as a Partner

The expanded “economic realities” test increases the government’s presumption that a worker is an employee entitled to overtime and minimum wage protection.

The new rule expands, from three factors to six, the government’s “economic realities” test, which seeks to determine whether independent contractors are truly in business for themselves or are actually employees who should be afforded full wage-and-hour and other FLSA protections.

The economic realities factors are non-exhaustive – i.e., a Wage and Hour Division auditor is free to consider additional factors – and, in contrast to the old rule, no single factor is more important than any other.
Continue Reading New independent contractor rule aims at paying more workers as employees

A federal law that went into effect January 1 requires most legal entities to report specific information about the business and its owners.

This article provides a general overview and multiple updates from our October 2023 article. This version includes the following changes:

  • The Beneficial Ownership Information

    reporting portal

    is ready to use.

  • FinCEN has published the

    Small Entity Compliance Guide

    as a companion to its updated

    Beneficial Ownership Information Reporting Frequently Asked Questions

    .

  • The FinCEN FAQ document includes an updated list of “

    exempt entities

    .”

  • The FAQ document also provides more information on the criteria for “

…
Continue Reading Update: Corporate Transparency Act places new reporting requirements on most businesses

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A federal law that goes into effect in January requires most legal entities to report specific information about the business and its owners.

  • updating stale contact and other important information; and

  • addressing any “phantom” owners or managers, people who wanted to be part of your company, but who do not want to be found by creditors, former spouses, etc. Failure to disclose owners can subject you to civil and criminal penalties, so be careful and thorough.

DOES MY BUSINESS HAVE TO FILE A REPORT?

Sole proprietorships do not have file, nor do

some

general partnerships (check with your attorney).

With…
Continue Reading Corporate Transparency Act places new reporting requirements on most businesses

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In 2021, the Arizona Legislature revised the statutes that govern appeals from Registrar of Contractors (ROC) hearings, with the result that an appeal of an administrative agency’s decision can lead to a fresh trial in Superior Court, where the agency’s decision is disregarded.

The hearing process is fair, and Arizona ALJs are consistently intelligent, honest, and professional. Nevertheless, at the hearing the contractor faces an uphill battle: The contractor will be accused of violating workmanship standards, the ROC’s investigator will offer evidence substantiating the alleged violation, and the ALJ will likely view the investor’s testimony as credible.

It is not…
Continue Reading ROC hearings and Arizona's "new trial" statute: two years later, the impact for contractors