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Arizona Ends Stay at Home Order, Provides Additional Guidance to Reopening Businesses

Arizona Governor Doug Ducey has issued Executive Order (EO) 2020-36, “Stay Healthy, Return Smarter, Return Stronger,” and announced his Stay at Home Order will end on May 15 and be replaced by new guidance for the next stage of economic recovery. EO 2020-36 takes effect on May 16, 2020.

Arizona Allows Restaurants, Barbers, Salons to Reopen, Issues New COVID-19 Guidance for Businesses

Following the Arizona Department of Health Services’ (ADHS) release of additional data showing continued progress in mitigating and limiting the spread of COVID-19, Arizona Governor Doug Ducey has issued Executive Order (EO) 2020-34, allowing certain businesses to begin reopening for business.

Arizona Extends Stay Home Order, Allows Phased Reopening of Certain Businesses

Arizona Governor Doug Ducey has issued Executive Order (EO) 2020-33, extending the state’s Stay Home, Stay Healthy, Stay Connected Order, until May 15, 2020.

Arizona Expands Access to Unemployment Benefits; New Executive Order Adds Restrictions in COVID-19 Emergency

Arizona has enacted new law to expand access to unemployment benefits during the coronavirus (COVID-19) pandemic. In addition, the Governor has issued “Emergency Order to Stay at Home Except for Essential Business and Services.” The state also is encouraging employers to participate in its Workshare Program.

Arizona’s Industrial Commission Issues Guidance on Use of Paid Sick for COVID-19-Related Absences

The Industrial Commission of Arizona, which enforces and implements Arizona’s Paid Sick Leave law (also known as the Fair Wages and Healthy Families Act), has issued guidance to employers and employees on the effect of the coronavirus (COVID-19) pandemic on the use of paid sick leave in Arizona. The Commission’s guidance also addresses how the new federal Families First Coronavirus Response Act (FFCRA) will affect Arizona businesses and workers.

Arizona Expands Unemployment Insurance, Provides Guidance on Essential Services in Response to COVID-19

Arizona Governor Doug Ducey has issued Executive Order 2020-11, making changes to the Unemployment Insurance (UI) program in order to help employees affected by the coronavirus (COVID-19) pandemic obtain unemployment benefits.

Arizona Municipalities Retain Authority to Enact Benefits Ordinances After State High Court Denies Review

In February 2019, the Arizona Court of Appeals, Division One ruled that the Arizona State Legislature overstepped its authority in 2016, when it prohibited Arizona cities and other municipalities from enacting their own employee benefits ordinances. That ruling reinstated part of a 2006 law that permitted Arizona municipalities to pass local ordinances requiring employers to provide employment benefits more favorable than those provided under statewide laws. On August 27, 2019, the Arizona Supreme Court denied review of the Court of Appeals decision. Thus, Arizona municipalities continue to be free to enact ordinances that may be more “employee friendly” than other applicable statewide laws.

Arizona Supreme Court Clears the Haze: Medical Marijuana Includes Extracted Resin

On May 28, 2019, the Arizona Supreme Court issued a ruling in a criminal case, State v. Jones, clarifying the definition of marijuana under the Arizona Medical Marijuana Act (AMMA). The court held that the act’s definition of marijuana not only includes its dried-leaf/flower form, but also extracted cannabis resin.

New Arizona Garnishment Legislation Signed Into Law

On March 22, 2019, Governor Doug Ducey signed Arizona House Bill (HB) 2230 into law. As described in detail in our recent article, HB 2230 allows judgment creditors to serve writs of garnishment by certified mail, return receipt requested, in addition to traditional methods of service. Arizona employers that are holding or allegedly holding money for garnishees (e.g., employee wages) must now file answers to writs of garnishment received by certified mail within 30 days of receiving the writ via the new service method of certified mail. Employers may want to keep in mind that they may be liable for a default judgment in the amount of the underlying judgment if no answer is timely made.

Arizona Law Prohibiting Municipalities From Enacting Employee Benefits Ordinances Held Unconstitutional

The Arizona Court of Appeals, Division One, has ruled that the Arizona State Legislature overstepped its authority in 2016, when it prohibited Arizona cities and other municipalities from enacting their own employee benefits ordinances. The ruling reinstates a portion of a 2006 law that permits Arizona municipalities to pass local ordinances requiring employers to provide employment benefits more favorable than those provided under statewide laws. However, federal law, such as the Employee Retirement Income Security Act of 1974 (ERISA), still imposes limits on how much these local ordinances may compel employers to do.
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