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State Employment Law Articles
Report Link Arizona Joins the Growing List of States Enacting "Guns-At-Work" Laws.Littler Mendelson, P.C. - August 05, 2009 Arizona Governor Jan Brewer recently signed a new law severely limiting employers from implementing and maintaining policies that prohibit employees from lawfully storing firearms in their locked vehicles while parked in their employer's parking lot. In so doing, the Arizona Legislature reiterated that the Constitution of Arizona "protects an individual's right to bear arms in self-defense" and concluded that individuals, including employees, "are deprived of the means of self-defense in their personal motor vehicles" if forbidden from storing firearms in their locked and privately owned vehicles. The legislature also stated employers and business entities are not "unduly burdened by the presence of legally possessed items" secured within their employees' motor vehicles. Report Link Arizona Legislation Limits Employer Bans on Firearms in the Workplace.Jackson Lewis LLP - July 24, 2009 New legislation in Arizona expanding the rights of gun owners and concealed weapon permit holders to bring firearms onto employer property will go into effect on September 30, 2009. The “Parking Lot Law” has direct implications for many employers that relied upon their statutory right to declare their workplaces (including parking lots) “gun free zones.” Report Link Arizona Court of Appeals Rules That Metadata Is Not Subject to Public Records Request.Ford & Harrison LLP - January 19, 2009 In a 2-1 decision issued just this week, Division One of the Arizona Court of Appeals found that metadata associated with electronic documents was not subject to a public records request under Arizona's public records law. Report Link State Law Alert—Certain Employers Must Use E-Verify (pdf).Vedder Price - January 12, 2009 All employers doing business in Arizona are required to register for E-Verify and run all new Arizona
employees through the E-Verify system. Report Link Court Upholds Tough Arizona Immigration Law.Fisher & Phillips, LLP - November 05, 2008 The Ninth Circuit recently upheld a tough Arizona immigration law, known as the Legal Arizona Workers Act (LAWA), which targets employers who hire unauthorized workers. This is the first federal appeals court to rule on a challenge to a state immigration law. Report Link Ninth Circuit Upholds Arizona's Employer Sanctions Law.Ogletree Deakins - September 25, 2008 The Ninth Circuit Court of Appeals on Wednesday issued a ruling upholding the Legal Arizona Workers Act (“LAWA”). LAWA provides for the suspension and revocation of the business licenses of Arizona employers who knowingly employ illegal immigrants. LAWA also requires employers to verify the work status of newly-hired workers through the federal E-Verify employment verification program. Last year, various business and civic associations and non-profit corporations filed two lawsuits challenging LAWA on the ground that the Act infringes on federal immigration powers. They also claimed that LAWA lacks adequate due process protection for Arizona employers. Report Link Arizona’s E-Verify Law Upheld.Ogletree Deakins - September 25, 2008 On September 17, a federal appellate court upheld Arizona’s law requiring all employers to participate in E-Verify. The Ninth Circuit Court of Appeals held that the Legal Arizona Workers Act (LAWA) was not preempted by federal immigration law and that the Act does not, on its face, deprive employers of due process since there is an opportunity for employers to be heard before sanctions are imposed. Report Link Ninth Circuit Upholds Legal Arizona Workers ActFord & Harrison LLP - September 23, 2008 On September 17, 2008, the Ninth Circuit Court of Appeals upheld the controversial 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. LAWA also requires employers to use the controversial federal E-Verify system to check the work-authorization status of employees. Report Link Ninth Circuit Court of Appeals Upholds Legal Arizona Workers Act.Littler Mendelson, P.C. - September 23, 2008 In a February 2008 ASAP article, Eyes on the Workforce: Legal Arizona Workers Act Withstands Constitutional Scrutiny, we discussed the federal district court ruling upholding the Legal Arizona Workers Act ("the Act"). On September 17, the Ninth Circuit Court of Appeals issued a decision affirming the district court judgment. The Act, initially passed by the Arizona legislature in July 2007 and amended in May 2008, penalizes employers that knowingly or intentionally hire undocumented workers in Arizona by suspending or revoking their business licenses. The Act also requires that all Arizona employers use E-Verify, the online employment eligibility verification program, to confirm the work authorization of newly hired employees. Although the unsuccessful challengers may appeal the Ninth Circuit ruling to the U.S. Supreme Court, the Act will remain in full force and effect unless and until struck down. Report Link Ninth Circuit Upholds Validity of Arizona's Employer Sanctions Law.Jackson Lewis LLP - September 19, 2008 In a highly anticipated ruling, the U.S. Court of Appeals for the Ninth Circuit has upheld the validity of the Legal Arizona Workers Act (“LAWA”). Chicanos Por La Causa, Inc., et al. v. Arizona Employers for Immigration Reform, Inc., et al., No. 07-17272 (9th Cir. Sept. 17, 2008). LAWA requires employers to use the federal employment eligibility verification system, known as E-Verify, and imposes severe sanctions on employers that hire unauthorized workers. LAWA became effective on January 1, 2008. 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: 27NO SUBTOPICSEmployment Law Seminars
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December 1, 2009 Shaw ValenzaMonthly Webinar: Preventing Workplace Harassment (California and National)Webinar
December 1, 2009 LittlerCalifornia Legally Required Sexual Harassment Training: It's Never Too Late to ComplySan Francisco
December 1, 2009 Fisher & PhillipsThe Constangy Management Training Center "Employment Law 201"Tampa
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December 2, 2009 Fisher & PhillipsAudio Conference: Employee Caregivers Dealing With DementiaAudio Conference
December 2, 2009 Young ConawayClients, Adversaries and Witnesses: The Ethics of Communication in a Fast-Paced Legal World Web CastWebinar
December 4, 2009 Ford & HarrisonTaking Executive Compensation Hostage; What To DoWebinar
December 8, 2009 Baker HostetlerPREVENTING HARASSMENT AND OTHER EEO ISSUES AT WORK: IT’S ALL ABOUT RESPECT (AB 1825 COMPLIANCE)Sacramento
December 9, 2009 Shaw Valenza |
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