Category Archives: Employment Law

Affordable Care Act Notice Starting October 1, 2013

If your company is covered by the Fair Labor Standards Act (FLSA) you are required to provide written notice to your employees (and new hires) about the health insurance marketplace created by the Affordable Care Act.  For further information and model forms please visit the Department of Labor's website.  There are different notices required depending on whether or not your business offers a health plan.  Please note this requirement is applicable to all companies subject to the FLSA and is not limited to companies with 50 or more employees.  There has been...
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Covenants Not to Compete

Many employers insert covenants not to compete in their written employment contracts.  Often these covenants are ruled unenforceable because Arizona courts strictly construe such covenants and do not favor their use.  To be enforceable a covenant must contain specific limitations as to duration and geographic scope. "The legitimate purpose of post-employment restraints is to prevent competitive use, for a time, of information or relationships which pertain peculiarly to the employer and which the employee acquired in the course of the employment."  Valley Medical Specialists v. Farber, 194 Ariz. 363, 982 P.2d 1277 (Ariz.,1999).  If...
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Potential Pitfalls in Employee Handbooks/Manuals

Businesses throughout Tucson and Southern Arizona use employee manuals or handbooks to set rules, explain procedures and describe benefits.  This is a smart practice which, if used properly, protects the employer and standardizes policies for employees.  However, a poorly written employee manual can actually be a detriment.  For example: 1.  There is case law in Arizona which indicates an employment contract can be created by an employee manual if statements in the manual exhibit "a promissory intent or [are of a type] that the employee could reasonably conclude constituted a commitment by the employer." ...
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