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Passage of HB 2045 reminds Arizona employers with 15 or more employees that they are barred from discriminating against employees on the basis of pregnancy or childbirth. The legislation, which Governor Ducey signed on February 4, aligns Arizona law with the federal Pregnancy Discrimination Act. HB 2045 was the first bill of the 2021 session signed by the Governor. Among other changes, the law provides the following as part of A.R.S. § 41-1463, clarifying that existing statutory prohibitions on sex-based discrimination also preclude discrimination on the basis of pregnancy and childbirth: G. Women who are affected by pregnancy or childbirth…
Not many people like to be told what to do – especially by the federal government – but complying with tighter OSHA standards and keeping your workforce intact are good for business. Employer efforts to protect workers from Covid-19 are a focus of the Biden Administration. On January 21, the President issued an Executive Order on Protecting Worker Health and Safety , which, among other things, requires the Labor Department to: “review [OSHA] enforcement efforts […] related to COVID-19 and identify any short-, medium-, and long-term changes that could be made to better protect workers and ensure equity in enforcement”;…
The proposed hike in the federal minimum wage may cause some Arizona employers to overlook the latest increase in the state’s minimum wage. EXCEPTIONS; The state’s minimum wage does not apply to workers who are employed by a parent or a sibling; perform babysitting services in the employer’s home on a casual basis; employed by the State of Arizona or the federal government; or employed by a “small business” that has annual gross revenues under $500,000 and is exempt from paying minimum wage under Title 29, Section 206(a) of the U.S. Code (this exception is very limited).…
Photo Credit: Ian Hutchinson @ Unsplash The $900 billion coronavirus relief bill that became law Sunday evening offers important benefits for most employers, small businesses and families. Here are some of the highlights. STIMULUS PAYMENTS TO INDIVIDUALS AND FAMILIES Households will receive a maximum of $600 per adult and $600 for each child. The payments start phasing out when 2019 individual adjusted gross income exceeds $75,000 ($150,000 for married couples filing jointly) or when head-of-household income exceeds $112,500. For individuals without dependent children, the payments go to zero when an individual’s AGI reaches $87,000 ($174,000 for married couples). According to…
Shutting down a boisterous short-term rental property is not easy, but the right combination of legal and administrative strategies may help restore peace and quiet to your neighborhood. A Serious Problem For neighbors, the consequences are real and serious. An “unruly gathering” can result in: increased vehicle and pedestrian traffic (including Uber and Lyft pickups and deliveries); parking congestion (on public and private property); noise from guests, vehicles, music, fireworks, etc.; public intoxication; trespassing (including unwanted visits from disoriented guests); sanitation problems (trash, bottles and cans, drug paraphernalia, human waste, etc.); and, in some reported cases, indecent exposure. Considering these…
Personal liability for a licensee’s poor workmanship or failure to pay should discourage individuals from serving as “qualifying party” without hands-on involvement. Under Arizona law amended in 2019, a registered contractor’s qualifying party is now responsible for any violations of state law specifically governing the licensing of contractors.[1]  A.R.S. 32-1127(B) states: “While engaged as the qualifying party for a licensee, the qualifying party is responsible for any violation of [Title 32, Chapter 10] by the licensee.” A practical interpretation of that provision would arguably impose personal liability on qualifying parties for a contractor’s violations of Arizona’s contracting statutes. As examples:…
Contractors can enjoy the PDA’s protections only if they are aware of their rights and obligations, and they comply with the requirements that the PDA imposes at each step of the process. Dwelling Action The PDA applies to all “dwelling actions” – any action “involving a construction defect brought by a purchaser against the seller of a dwelling arising out of or related to the design, construction, condition or sale of the dwelling.” While it uses the terms “purchaser” and “seller” (see definitions at the end of this article), the PDA is not limited to new home construction and sales;…
Contractors can enjoy the PDA’s protections only if they are aware of their rights and obligations, and they comply with the requirements that the PDA imposes at each step of the process. Dwelling Action The PDA applies to all “dwelling actions” – any action “involving a construction defect brought by a purchaser against the seller of a dwelling arising out of or related to the design, construction, condition or sale of the dwelling.” While it uses the terms “purchaser” and “seller” (see definitions at the bottom of this page), the PDA is not limited to new home construction and sales;…
Whether the coronavirus has relieved either party of its contractual responsibilities depends on the specific facts of your situation and the wording of your agreement. As you work your way through the recent economic downturn and rebound, you may have concerns about meeting your contractual obligations or enforcing the obligations that other parties owe to you. In adapting your business practices to comply with CDC guidelines and the Governor’s orders, it is critical that you understand the provisions of your contracts and the steps you can take to protect yourself and your business. CHECK YOUR CONTRACTS Does your contract contain…
To help our LLC clients avoid the new law’s unfavorable default provisions, we offer a $900 flat-fee option for updating most operating agreements. On September 1, Arizona’s new LLC law goes into full effect, totally replacing Arizona’s original LLC statutes. The new law imposes various default provisions that, if not affirmatively addressed, could undermine some of the benefits that you expected to achieve by choosing an LLC form of entity. Those provisions include: fiduciary duties contributions and distributions record keeping personal liability indemnification dissolution dispute resolution Your LLC can avoid the new law’s default provisions, including the imposition of fiduciary…