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.
Read MoreWorkplace 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.
Read MoreArizona 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.
Read MoreIn the wake of the Covid-19 virus, employees. have wondered what to expect when going back to work. With fear of economic disaster, states have been putting focus on the reopening of workplaces nationwide. Many employees, particularly those who are immunocompromised or have respiratory ailments, fear the risk to their health is high.
Read MoreThe misclassification of employees as independent contractors is a significant problem in the United States. Employers can save a tremendous amount of money by classifying a worker as an independent contractor instead of as an employee. However, this results in a significant cost for workers.
Read MoreA 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.
Read MoreThe federal Equal Pay Act (EPA) was passed in 1963. This Act aims to abolish wage disparity based on sex and seeks to ensure that equal work is rewarded by equal wages.
Read More
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.
Read MoreThe 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.
Read MoreThe 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.
Read MoreRegardless of the cause, losing your job is a distressing experience, especially if you feel you’ve been terminated wrongfully. Determining if you’ve been wrongfully terminated can be confusing, but following a few guidelines may help you determine if your firing was illegal.
Read MoreIf you left your last job without receiving your full compensation, your former employer may be facing major consequences under federal and state law. When a worker either quits or is fired for just cause, his or her employer is required to pay their prior employee their earned wages.
Read MoreWhen you decide to take a position with a new organization, the employment contract offered to you may not provide you with the best protection. Before signing it, consider an employment contract review. A set of legal eyes inspecting your contract can help you avoid a headache and a heartache down the road.
Read MoreThe Arizona Employment Protection Act ensures that employees are protected when reporting illegal conduct that is occurring in the workplace.
Read MoreThe Equal Employment Opportunity Commission and the Americans with Disabilities Act protects employees from being discriminated against on the basis of a disability.
Read MoreSex or gender discrimination is when an employer treats someone poorly because of their sex. It is considered discrimination whether the person is applying for a work position or are a current employee.
Read MoreThe more prepared you are to consult with your lawyer, the more productive your consultation will be. Below are steps to help you make the most of the time you have with your attorney.
Read MoreThe Americans with Disabilities Act (“ADA”) aims to prevent discrimination against individuals with disabilities. Not every employee who has a medical condition is protected under this Act. To be protected by this Act an individual must be qualified for the job and have a disability defined by the law.
Read MoreAn 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.
Read MoreThe 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).
Read More