Category Archives: Employment Law

NLRB Ruling Regarding the Use of Temporary Employees

In a recent ruling the NLRB substantially changed its standard for determining the status of "joint-employers."  Previously the NLRB recognized that employers were only responsible for employees under their direct control.  The new decision came in a case involving Browning-Ferris Industries of California. As stated on the NLRB's website "In the decision, the Board applies long-established principles to find that two or more entities are joint employers of a single workforce if (1) they are both employers within the meaning of the common law;  and (2) they share or codetermine those matters governing the...
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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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