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Arizona

Job–not job description–counts for exemption

01/30/2017
A job description that specifies that an employee’s position is exempt and delineates job duties that fit an exemption isn’t enough to establish exempt status.

Is that harassment, or just obnoxious bullying?

12/22/2016
Not every unpleasant workplace incident is grounds for a lawsuit.

A kiss is not just a kiss when it’s from the boss, and women don’t have to tolerate it

12/22/2016
Female employees don’t have to put up with workplace behavior that makes them uncomfortable under the pretense of a supervisor being friendly and welcoming.

Appeals court ruling: USERRA claims can go to arbitration

11/28/2016
The 9th Circuit Court of Appeals has ruled that service members in the armed forces seeking to enforce the Uniformed Services Employment and Reemployment Rights Act can be compelled to arbitrate rather than litigate in federal court if they signed an arbitration agreement.

Free speech includes speech that is unpopular

09/26/2016
Government employees don’t lose the right to engage in free speech when they take a job. That extends to speech that the employer may see as unpopular or even dangerous.

Government employees’ internal complaints aren’t ‘speech’

09/26/2016
Public employees who complain internally about personnel decisions specific to them aren’t engaging in protected free speech.

OK to terminate disabled worker if there is no possible way to accommodate

09/26/2016

You can terminate a disabled individual if you conclude the employee can’t under perform the essential functions of a job with or without accommodations.

Is it legal to require a lie detector test in California?

08/22/2016
Q. I am in the process of interviewing candidates for an administrative position. This person would work very closely with me, and I need to trust him or her completely. Can I bring in a polygraph expert and use lie detector tests during the final interviews?

Backdoor computer access is a federal crime!

08/22/2016
Remind employees that attempting to access computer records after they terminate employment may land them in prison—even if they do so with the willing assistance of a current employee.

Ensure lawyer knows about arbitration clause

08/22/2016
If you use an arbitration clause to cut down on expensive litigation, make sure your attorneys know as soon as an employee sues. Otherwise, you may end up waiving your right to compel arbitration.