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Updates From Our Lawyers in Arizona

At Farhang & Medcoff, our lawyers in Arizona enjoy working with our clients on a long-term basis. Forging long-term partnerships with our clients enables us to take the time to thoroughly inform and advise them about the issues at hand and all of the applicable laws and regulations. Client education is a top priority for us, as it enables each of our clients to make informed decisions about their business, transactions, or other issues.

We encourage you to take a few minutes to look through our blog archive for topics of interest to you. With a focus on federal and state employment and labor law, our blog serves as a resource for business owners across Arizona. Do note, however, that if you need personalized legal guidance, you will need to schedule a consultation with our lawyers in Arizona.

Legal Insights

Ninth Circuit Holds that Workplace Harassment Can Occur Through Social Media Posts

The United States Court of Appeals for the Ninth Circuit (“Ninth Circuit”) recently ruled that employers can be held liable under Title VII of the Civil Rights Act of 1964 (“Title VII”) for sexual harassment that occurs on social media. Specifically, the Ninth Circuit found that Plaintiff Lindsay Okonowsky had a viable hostile work environment claim against her employer, the Bureau of Prisons, because the Bureau failed to take remedial measures against a co-worker who posted sexually explicit and threatening content on Instagram that targeted Okonowsky. See Okonowsky v. Garland, 109 F.4th 1166, 1171 (9th Cir. 2024).

Legal Insights

New Opportunities for Criminal Record Clearing in Arizona

We write to notify you of a significant legal update that already has and will continue to profoundly impact countless Arizonans, including many of you or your loved ones. The Arizona legislature passed two landmark laws: A.R.S. §§ 36-2862 and 13-911, which together codify long-overdue provisions to expunge certain criminal records and seal others (commonly referred to collectively as “record clearing”). These statutes seek to improve Arizona’s justice system and eliminate the punitive nature of certain minor criminal judgments or convictions.

Legal Insights

National Labor Relations Board Issued New Rule

The National Labor Relations Board (“Board”) has issued a new rule that makes it more likely for separate business entities to be considered “joint employers” and, therefore, liable for the other entity’s violations of the National Labor Relations Act. On October 27, 2023, the Board reversed and rescinded its 2020 rule that required “substantial direct and immediate control over one or more essential terms and conditions” of employment for an entity to be considered a joint employer. Effective December 26, 2023, the Board will deem entities “joint employers” even if an entity possesses such control but never uses it or if the entity exercises it indirectly, such as through an intermediary.

Legal Insights

EEOC Proposed Enforcement Guidance

The EEOC (Equal Employment Opportunity Commission) issued, on September 29, 2023, a Proposed Enforcement Guidance on Harassment in the Workplace, which is open for comment until November 1, 2023. When finalized, it will supersede the various manuals and guidance documents issued over the last three decades. The new Guidance provides an updated understanding of the legal standards for harassment claims, offers practical advice for employers on preventing workplace harassment, and qualifies as a quantum leap forward for LGTBQ+ antidiscrimination.

Employment, Labor & Employment, Legal Insights

POTUS Approves Law to End Forced Arbitration in Sexual Misconduct Cases

President Joe Biden signed H.R. 4445, or the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act, into law on Monday.

Employment, Labor & Employment, Legal Insights

House Narrowly Passes Bill Seeking to End All Employment Arbitration Agreements

The U.S. House of Representatives passed H.R. 963 (the “Bill”) yesterday in a 222-209 heavily partisan vote. The Bill, also called the “Forced Arbitration Injustice Repeal” or “FAIR,” would nullify most pre-dispute forced employment arbitration agreements if passed by the Senate and signed into law by the President.

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