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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.

Employment, Labor & Employment, Legal Insights

House Passes Hairstyle Discrimination Ban

The U.S. House of Representatives passed H.R. 2116 (the "Bill") last Friday in a 259-189 party-line vote. The Bill, also called the “Creating a Respectful and Open World for Natural Hair” (“Crown”), would prohibit discrimination against natural hair textures and hairstyles in housing programs, federally assisted public accommodations, employment, and more.

Employment, Labor & Employment, Legal Insights

Congress Enacts New Protections for Pregnant and Nursing Employees

Employers take note—Congress’s recent enactment of the Providing Urgent Maternal Protections for Nursing Mothers Act (“PUMP Act”) and the Pregnant Workers Fairness Act (“PWFA”) has significant implications for Arizona employers. Both the PUMP Act and PWFA are federal laws that expand the rights of pregnant and nursing employees by, among other measures, requiring employers to provide reasonable accommodations for pregnancy-related conditions and to create suitable spaces for nursing parents in the workplace.

Employment, Labor & Employment, Legal Insights

Ninth Circuit Dismisses ‘Equal Opportunity Harasser Defense’ in Offensive Music Case

The U.S. Court of Appeals for the Ninth Circuit (“Ninth Circuit”) oversees cases originating in Arizona. Notably, the Ninth Circuit recently determined that employers can be held liable under federal harassment law when sexually explicit and offensive music is played in the workplace, even if both male and female employees alike are offended. This decision cuts against a long-standing defense – the equal opportunity offender (explained further below).

Employment, Labor & Employment, Legal Insights

New Ruling May Extend Statute of Limitations for Arizona Race Discrimination / Wrongful Termination Claims

Attention employers: the US Court of Appeals for the Fourth Circuit (“4th Circuit”) issued a ruling that may impact whether certain race discrimination claims are viable.

Legal Insights

NLRB General Counsel Issues Guidance on Employer Use of Confidentiality and Non-Disparagement Provisions in Severance Agreements

Last month, the National Labor Relations Board (“Board”) issued a decision in McClaren McComb, 372 NLRB No. 58 (2023), that overturned two Trump Board rulings permitting employers to include confidentiality and non-disparagement provisions in severance agreements (read Farhang & Medcoff's full legal alert on the decision here). Under the Board’s new rule, the “mere proffer” of a severance agreement, which includes an overly broad confidentiality or non-disparagement provision, violates the National Labor Relations Act (the “Act”). Previously, the Board held that severance agreements only violated the Act when accompanied by a showing of an anti-union animus and additional coercive or otherwise unlawful conduct.

Legal Insights

New Decision from the National Labor Relations Board

In light of the National Labor Relations Board’s recent decision, all employers (unionized as well as non-union work environments) should revisit their use of two common provisions in their severance or separation agreements.

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