Posts in employment law
Non-Compete Agreements

Non-compete agreements are facing increased scrutiny, with the National Labor Relations Board (NLRB) joining the fray. This Memo follows the Federal Trade Commission’s (FTC) recent proposal to ban most non-compete restrictions, providing very limited exceptions. In a recent memo, the NLRB's General Counsel Jennifer Abruzzo stated that non-competes in employment and severance agreements generally violate the National Labor Relations Act (NLRA). This development raises concerns for employers, but it's essential to understand the memo's limitations and potential challenges the NLRB may encounter.

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Workplace Liability in the time of COVID-19

Workplace liability is on the rise with employees returning back to the workplace during the COVID-19 pandemic. Due to the potential health risks associated with COVID-19, a few employers across the country are requiring employees to sign liability waivers. The enforceability of these liability waivers is currently being challenged in some parts of the country.

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COVID-19: Can I Continue to Receive Unemployment if I Refuse to Return to Work?

Arizona is re-opening businesses following a lengthy Stay Home order caused by the COVID-10 virus. Many of these businesses include restaurants, retail stores, and hospitality services with extensive customer interaction. These businesses are now calling on their employees to come back to work but with the coronavirus cases continuing to increase, not every employee is ready to return due to safety concerns.

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Consultations

A consultation is a helpful way to find out if you have a case. The Tyler Allen Law Firm provides reduced-fee consultations with an experienced Arizona employment attorney. We charge a $150 consultation fee and will meet with you for up to one hour. We provide our consultations in-person at our Phoenix office or we are happy to consult with you over the phone.

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Disability Accommodations

If you have a disability, you have the right to a reasonable accommodation that will allow you to do your job. The Americans with Disabilities Act (ADA) prohibits employers from discriminating against employees with disabilities. Originally signed into law in 1990, the ADA protects people with disabilities from discrimination in employment, government programs and services, public accommodations, transportation, and telecommunications. 

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Pregnancy Discrimination

The Pregnancy Discrimination Act (PDA) is a federal law that prohibits discrimination against pregnant workers in any aspect of employment, including hiring, firing, pay, job assignments, promotions, layoff, training, fringe benefits, such as leave and health insurance, and any other term or condition of employment.

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Family and Medical Leave Act

The Family and Medical Leave Act (FMLA) allows eligible employees of covered employers to take unpaid, job-protected leave for specified family and medical reasons while maintaining their group health insurance coverage under the same terms and conditions as if the employee was continuing to work. 

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Retaliation

An employer is prohibited from terminating, demoting, harassing, or otherwise “retaliating” against an employee for engaging in a protected activity, such as reporting discrimination. The laws prohibiting discrimination based on race, color, sex, religion, national origin, age, disability, and genetic information also prohibit retaliation.

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Nursing Mothers in the Workplace

The Fair Labor Standards Act (“FLSA”) requires employers to provide reasonable accommodations to breastfeeding mothers. Section 7 of the FLSA requires employers to provide “reasonable break time for an employee to express breast milk for her nursing child for 1 year after the child’s birth each time such employee has need to express the milk.” 29 U.S.C. 207(r)(1)(A).

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