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State Employment Law Articles
Report Link Legal Alert: Arizona Immigration Law May Soon be Tested.Ford & Harrison LLP - June 16, 2008 Arizona is one of a number of states that has recently enacted laws imposing sanctions on employers who knowingly hire undocumented workers. Although the Legal Arizona Workers’ Act (LAWA) took effect on January 1, 2008, as of yet, no employers have been prosecuted under the law. This may soon change as the result of a recent raid on two Arizona water parks, which resulted in the arrest of nine workers suspected of being illegal immigrants. Report Link Arizona Governor Signs Law Amending Employer Immigration Sanctions Law.Ford & Harrison LLP - May 14, 2008 On May 1, 2008, Arizona Governor Napolitano signed into law an amendment of the Legal Arizona Workers Act (LAWA). Under the LAWA, which took effect January 1, 2008, a business found guilty of “knowingly” or “intentionally” hiring undocumented workers faces suspension or revocation of its business license and is placed on probationary status for a period of time. Report Link Legal Arizona Workers Act Amended to Clarify Enforcement, Sanctions and Defenses.Jackson Lewis LLP - May 13, 2008 Just a few months after the Legal Arizona Workers Act (the “Act”) took effect at the beginning of the year, the Arizona legislature has enacted HB 2745 to amend the law that requires employers to use the federal employment eligibility verification system, E-Verify, and imposes sanctions on employers that hire unauthorized workers. Governor Janet Napolitano signed HB 2745 into law on May 1, 2008, and the amendments became effective immediately. Report Link Arizona Adopts New Law Clarifying Controversial Sanctions Statute, Imposing Other Obligations on Employers and State Contractors.Littler Mendelson, P.C. - May 08, 2008 On May 1, Arizona Governor Janet Napolitano signed House Bill 2745 into law. The legislation makes several key amendments to the Legal Arizona Workers Act – a statute enacted nearly one year ago to combat the employment of undocumented workers in Arizona. In addition, the new law prohibits state government entities from awarding contracts or subcontracts to employers that fail to use E-Verify, the online employment eligibility verification program operated by the U.S. Department of Homeland Security. The new legislation also amends Arizona's identity theft laws by penalizing employers that knowingly accept fraudulent identification information when determining employee work authorization. Finally, the law requires employers paying their workers in cash to comply with state income tax and unemployment and workers' compensation laws. Report Link Governor Signs Bill Amending Legal Arizona Workers Act.Ogletree Deakins - May 08, 2008 On Thursday, May 1st, Governor Janet Napolitano signed into law HB 2745, a bill that significantly modifies portions of the Legal Arizona Workers Act (LAWA), the Arizona law that prohibits employers from hiring workers not legally authorized to work in the United States. Although LAWA has been in effect for less than five months, throughout its brief history, numerous business, Hispanic, and civil rights organizations have vigorously fought to strike it down. So far, those efforts have been unsuccessful. Report Link Arizona's Employer Sanctions Law Upheld.Ogletree Deakins - February 08, 2008 U.S. District Judge Neil V. Wake dismissed a lawsuit brought by various business and civic groups challenging the Arizona Legal Workers Act (the "Act"). The Act, which went into effect on January 1, 2008, gives Arizona Superior Courts the power to suspend or revoke business licenses of employers who knowingly or intentionally employ unauthorized workers. In his 37-page decision dismissing the lawsuit, Judge Wake said that the Act does not violate employers’ due process rights or improperly infringe on the federal government’s authority to regulate illegal immigration. Judge Wake said that federal immigration law specifically allows states to regulate business licensing. Report Link Arizona Officials Postponing Enforcement of "Legal Arizona Workers Act".Jackson Lewis LLP - January 24, 2008 Enforcement of the Legal Arizona Workers Act will be postponed until March, Arizona officials charged with the law's implementation have said. The Act, which requires employers to use the federal employment eligibility verification system, E-Verify, and imposes sanctions on employers that hire unauthorized workers, went into effect, as scheduled, on January 1, 2008. Report Link Enforcement of Arizona Legal Workers Act Postponed.Ogletree Deakins - January 22, 2008 Enforcement actions under the new Arizona Legal Workers Act have been put on hold until March 1, 2008. During a hearing in front of U.S. District Court Judge Neil V. Wake on Wednesday, January 16, 2008, Arizona’s 15 county attorneys agreed to wait until the end of February before prosecuting any complaints filed under the new law. There are no guarantees, however, that law enforcement agencies will refrain from investigating complaints that employers have hired unauthorized workers. Report Link Arizona Legal Workers Act Survives First Challenge.Ogletree Deakins - December 26, 2007 Just hours ago, Judge Neil Wake of the U.S. District Court for the District of Arizona denied a temporary restraining order seeking to block enforcement of the Arizona Legal Workers Act. For now, it appears that Arizona’s sweeping new law aimed at stopping the employment of unauthorized workers in Arizona will take effect as scheduled on January 1, 2008. The Act, which allows for suspension and revocation of licenses of businesses that knowingly employ unauthorized workers, has been discussed in detail in prior Ogletree Deakins client alerts. Report Link Countdown to January 1: Court Dismisses Lawsuits Challenging the Legal Arizona Workers ActLittler Mendelson, P.C. - December 14, 2007 In our November 2007 ASAP Newsletter (Federal Court Holds Hearing on Challenges to the Legal Arizona Workers Act), we notified you of two consolidated lawsuits challenging the constitutionality of the recently enacted Legal Arizona Workers Act. On December 7, 2007, U.S. District Court Judge Neil Wake issued a ruling dismissing both lawsuits. The ruling is "without prejudice," meaning the plaintiffs are free to correct deficiencies in their pleadings and come back to court and refile the complaint. Several plaintiffs quickly responded to the ruling and filed a second lawsuit on December 9. Report Link Arizona Alert - Judge Rejects Challenge To Legal Arizona Workers Act.Ogletree Deakins - December 11, 2007 On Friday, December 7, 2007, U.S. District Court Judge Neil V. Wake dismissed the consolidated lawsuit brought by various business and civic associations and non-profit corporations challenging the "Legal Arizona Workers Act," Arizona’s new employer sanctions/immigration law. In his ruling, Judge Wake said that the plaintiffs who challenged the new law had sued the wrong parties. Rather than sue the 15 County Attorneys -- who are charged with enforcing the new law -- the plaintiffs brought their lawsuit against the Director of the Arizona Department of Revenue, Arizona Attorney General Terry Goddard, and Arizona Governor Janet Napolitano. In his 25-page decision, Judge Wake wrote: "This action must be dismissed without prejudice...there being no justiciable case or controversy against the defendants." Report Link Arizona Adopts Nation's Strictest Workplace Law to Assure Employees Are Authorized to Work.Littler Mendelson, P.C. - July 11, 2007 On July 2, 2007, Arizona Governor Janet Napolitano signed into law House Bill 2779, the "Legal Arizona Workers Act," and, in so doing, imposed significant new obligations on all Arizona employers. The law takes effect January 1, 2008, although there is a strong possibility of an interim legal action to challenge Arizona's authority under federal law to regulate immigration. In addition, a special legislative session to provide needed funding and clarify obligations under the new law is under discussion. Report Link Proposed Arizona Law Would Impose Stiff Penalties for Employing Undocumented .Ford & Harrison LLP - June 28, 2007 On June 20, 2007, the Arizona legislature approved legislation that would provide for a stiff set of penalties to businesses that employ undocumented workers. Specifically, Arizona House Bill 2779 would prohibit employers from knowingly or intentionally hiring undocumented workers. Report Link Arizona Supreme Court Clarifies Public Records Law.Ford & Harrison LLP - April 27, 2007 Like many states, Arizona has an open records law that mandates that all public records be open to inspection by any person at all times during office hours. Yesterday, the Arizona Supreme Court held that not all e-mails created or maintained on a public agency’s computer are necessarily public records. Report Link No Smoking Please: Smoke Free Arizona Act - Action Items for Employers.Littler Mendelson, P.C. - April 26, 2007 In the 2006 General Election, Arizona voters passed the Smoke-Free Arizona Act (the "Act"), A.R.S. § 36-601.01. The Act takes effect on May 1, 2007, and contains several requirements affecting Arizona employers. The following is a brief overview of the Act and the action items for Arizona employers faced with implementing the Act. Report Link Arizona Supreme Court Clarifies Notice of Claim Statute.Ford & Harrison LLP - March 06, 2007 In a significant victory for public employers in Arizona, the Arizona Supreme Court has held that the state’s notice of claim statute requires a claimant to provide a “particular and certain amount of money” required to settle a claim and that communications containing qualifying language do not meet this requirement. Deer Valley Unified School District No. 97 v. McDonald (Arizona 2007)
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Count and Sub-TopicsArticles Found: 17NO SUBTOPICSEmployment Law Seminars
Complimentary Breakfast Briefing for In-House Counsel, Senior Management and HR Professionals
Memphis
July 22, 2008 Ford & HarrisonBehind The Complaint: Workplace InvestigationsMemphis
July 22, 2008 Ford & HarrisonInternal Influences /Protecting Your Workplace From Distraction And Destruction - Part IIRiverhead
2008-7-24 Jackson Lewis LLPI-9 & E-Verify, R-U-Ready?: Recent Developments In Immigration Recordkeeping.Online
July 24, 2008 Ford & HarrisonEmployment and Labor Law 2008: CLE Program and GolfColumbus
July 25, 2008 LittlerSection 409A: Countdown to Compliance - LiveOnline
July 30, 2008 McQuire WoodsTEXAS EMPLOYMENT LAW BREAKFAST BRIEFINGSugar Land
July 31, 2008 Phelps DunbarWinning with the EEOCAtlanta
2008-8-6 Jackson Lewis LLPMississippi Employment Law SeminarBiloxi
August 7-8, 2008 Phelps DunbarReserve the Dates!!! – Public Sexual Harassment Training Webinar for Supervisors and ManagersOnline
August 12 2008 Ballard Rosenberg |
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