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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
House Passes #MeToo Era Bill Limiting Nondisclosure Agreements
November 21, 2022
The U.S. House of Representatives has passed a pioneering bill to nullify certain workplace nondisclosure agreements (“NDAs”) in cases of alleged sexual harassment or assault. The bill—called The Speak Out Act—awaits the President’s signature after passing the House with a 315-109 bipartisan vote last Wednesday afternoon and clearing the Senate with unanimous support last September.
Businesses commonly use NDAs to protect confidential information from becoming public knowledge, including trade secrets and personally identifiable information. The Speak Out Act affects the enforceability of NDAs by allowing previously silenced employees, who were subjected to sexual harassment or assault, to address their concerns through the legal system. The bill arrives nearly six years after the #MeToo social movement urged survivors of sexual harassment or assault to share their experiences, resulting in wide-spread reexamination of appropriate workplace conduct.
The attorneys at Farhang & Medcoff know how difficult it is to plan, manage, and respond to personnel issues with integrity. After all, we take care of our own personnel as an independent, small business. If you are an employer and have questions about NDAs, employee codes of conduct, day-to-day workplace concerns, or any other legal issue, please call us at (520)214-2000.
This writing is for informational purposes only and does not constitute legal advice. No attorney-client relationship is formed by the dissemination of this writing.
- Legal Insights
Are Employers Responsible for Employee Misdeeds?
September 02, 2022
The short answer is the dreaded it depends (we know—clients hate this answer). So, we will clarify.
First, employers are generally responsible for the actions of their employees during work hours, work activities, and in work-related locations.
Second, employers typically are not liable for employee bad acts done off the clock, except if the employer is negligent.
This exception was amplified by a Dallas jury in Goff v. Holden & Charter Communications, LLC, when the jury found Charter, an $80B cable/communications company, liable for its employee’s theft and murder of a customer to the tune of $7.375 billion in compensatory and punitive damages (we are almost certain the verdict will be reduced on appeal).
You may be asking, “How is this possible?”. Well, Charter performed a background check which came back clear, and Charter has a policy against workplace violence. However, Charter never verified the employee’s— and now convicted murderer’s—prior employment history. If Charter had done that simple task, it would have discovered that the employee had been fired from other jobs for misconduct that included forgery, disregarding supervisor instructions, and unprofessional workplace conduct. The employee also omitted certain jobs from his application. By failing to conduct adequate due diligence, Charter made an unfortunate employment decision and exposed itself to massive liability.
The first lesson learned: employers must protect themselves by performing robust background check processes that meet or exceed industry standards, especially if employees visit customers where they are most vulnerable—in their homes.
Human resources and corporate security must work together to ensure that background checks request the necessary information and are completed quickly—and that reports are acted upon when they reveal problems.
Charter compounded its first mistake when it ignored red flags revealed by the employee during his employment. Nine days before the murder, he begged his boss for money. Eight days before the murder, he broke down at work after his wife left him. He misused a company van only a few days before the murder. Despite these multiple red flags, Charter did nothing and continued to send the employee into customers’ homes. Charter’s employees also admitted that they had not been trained to recognize workplace violence or warning signs that could contribute to such violence.
The second lesson learned: HR employees and security teams must implement protocols and training to prevent, address, and report potential workplace violence.
The attorneys at Farhang & Medcoff know how difficult it is to plan, manage, and respond to personnel issues. After all, we take care of our own personnel issues as an independent small business. If you are an employer and have questions about negligent hiring and retention, appropriate background checks, training concerning workplace violence red flags, or any other legal issue, please call us at (520)214-2000.
This writing is for informational purposes only and does not constitute legal advice. No attorney-client relationship is formed by the dissemination of this writing.
- Uncategorized
How to Handle Monkeypox in Your Workplace
August 24, 2022
The good news first: only 14,000 cases of Monkeypox have been recorded in the U.S., and zero deaths have been attributed to Monkeypox.
The bad news: Monkeypox is spreading, and it has a stigma that can lead to discrimination claims if the unwary or unprepared employer reacts poorly or improperly. This legal alert provides some tips to help you avoid a potential claim or increase your ability to overcome a claim.
On July 23, 2022, the World Health Organization declared Monkeypox—a virus with some characteristics of smallpox—an international health concern. On August 4, 2022, the U.S. government declared Monkeypox a public health emergency. But what exactly is Monkeypox, and are we headed for another COVID-19 situation?
This alert seeks to dispel myths associated with Monkeypox and to help you proactively deal with this virus. Monkeypox is significantly less transmissible than both smallpox and COVID-19. Monkeypox is transmitted mainly through close, personal, often skin-to-skin contact—e.g., during sex, hugging/kissing, and by touching contaminated towels, clothing, and bedding without sufficient hygienic precautions. Because Monkeypox is much harder to transmit, we are not facing another pandemic situation.
To get ahead of the curve, employers can and should communicate basic unbiased information about Monkeypox by referencing the Centers for Disease Control’s (CDC) Monkeypox resource guide available at the link below. Further, proactive employers should continue to enforce good-hygiene workplace practices including encouraging employees to remain at home if they feel ill, among other measures.
What should you do if one of your employees reports having Monkeypox?
Because Monkeypox is heavily stigmatized on social media networks as associated with the LGBTQ+ community, employers must be tactful if an employee voluntarily reports a Monkeypox diagnosis, particularly since the CDC and the Equal Employment Opportunity Commission have not released any guidelines to address Monkeypox in the workplace. Prudent employers must exercise reasonable healthcare precautions openly and respectfully. Doing so will minimize potential disability discrimination claims and promote a compassionate work environment.
The first line of defense is to encourage an employee with Monkeypox to stay home, similarly to any other transmissible illness. If staying home or working remotely is not a viable option, the employer should evaluate if it can create an independent workspace for the diagnosed employee, and the diagnosed employee should be asked to mask until his/her/their healthcare provider confirms that s/he/they is no longer contagious. Finally, employers should share available leave, time-off, and healthcare benefits with the impacted employee.
In sum, simple good-hygiene practices, respect for both diagnosed employees and the rest of the workforce’s health, and an awareness and understanding of Monkeypox developments will suffice. The attorneys at Farhang & Medcoff are ready and available to assist our clients as we all wade through this newly developing virus. If you are an employer and have questions about how Monkeypox may affect your business, please call us at (520)214-2000.
This writing is for informational purposes only and does not constitute legal advice. No attorney-client relationship is formed by the dissemination of this writing.
- Uncategorized
EEOC Updates COVID-19 Screening Guidelines
July 25, 2022
Employers beware: the Equal Employment Opportunity Commission (EEOC) has significantly altered its guidance concerning when an employer may screen its workforce for COVID-19 reasons.
At the start of the COVID pandemic, the EEOC maintained the pandemic alone provided sufficient justification to test employees for COVID symptoms before allowing entry into the workplace. Now, two long years later, the EEOC has changed its tune. Employers may now only screen employees for COVID if doing so is “job-related and consistent with business necessity.”
The upshot? When evaluating whether to test for COVID, consider the following:
- Are your employees fully vaccinated?
- Is your workplace spread out? What would likely happen if an employee came to work with COVID?
- What’s the current COVID transmission rate in your area?
- What type of variant is most common in your area? How transmittable is that variant?
- Does the nature of your work environment increase the risk of contracting COVID at work or transmitting the virus to others (i.e., do your employees regularly interact with co-workers, the elderly, or the medically vulnerable)?
The takeaway: if you have not updated your workplace COVID guidance in a while, then it’s time to take a second look to ensure compliance with the changing EEOC legal landscape.
The attorneys at Farhang & Medcoff are here to help our clients navigate these seemingly endless twists and turns. If you are an employer and have questions about how this new EEOC guidance may affect your business, or any other legal queries, contact us at (520) 214-2000.
This writing is for informational purposes only and does not constitute legal advice. No attorney-client relationship is formed by the dissemination of this writing.
- Uncategorized
Arizona First in the U.S. to Add IDs to Apple Wallet
March 23, 2022
Good news for Arizona’s frequent flyers; as of this morning, Arizona is the first state in the U.S. to allow its permanent residents to add their driver’s licenses or state IDs to Apple Wallet. These digital licenses and IDs can serve as a valid form of identification at certain TSA security checkpoints within the state.
This new technology is limited to select TSA checkpoints and airports. Currently, Sky Harbor International Airport is the only participating Arizona airport, but other airports (namely, Tucson International) are likely to participate in the near future as this technology becomes more common.
For more information on adding IDs to Apple Wallet, security measures, and other concerns, click the link below:
https://azdot.gov/applewallet
This writing is for informational purposes only and does not constitute legal advice. No attorney-client relationship is formed by the dissemination of this writing
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