The firm has a full-service and nationally recognized employment practice that handles all aspects of the employment relationship for companies, including:

• Conducting audits of employment practices
• Drafting handbooks, policies, and employment agreements
• Training managers and employees in a variety of coaching and employment topics
• Providing Respect at Work training regarding anti-harassment, anti-discrimination and no retaliation
• Conducting investigations
• Handling drug and alcohol testing, policies and issues
• Advising clients on compliance issues, performance management, and discipline and termination of employees
• Employment and Executive Agreements
• Drafting separation, severance and release agreements
• Handling government investigations and complaints
• Defending administrative charges before government agencies
• Defending litigation brought by employees
• Enforcing businesses’ rights against former employees and competitors regarding use of proprietary information
• Addressing Cyber-Hacking, and
• Handling Embezzlement and Cyber-Theft issues

The focus of the employment practice is to reduce the risk of claims by guiding clients through steps that will demonstrate and document the client’s compliance with legal requirements. When needed, the firm’s employment lawyers are experienced in defending administrative proceedings and state and federal lawsuits in Arizona and elsewhere, including at the trial and appellate levels.

The firm’s lawyers have drafted most of the employment laws that have been enacted by the Arizona Legislature during the past 25 years, including the landmark 1996 Employment Protection Act that defines employment at will in Arizona, and laws expanding the rights of businesses to utilize independent contractor relationships, injunctions against workplace harassment, drug and alcohol testing of employees, and the Constructive Discharge Act.

The wide range of experience of the firm’s employment lawyers includes counseling, compliance, administrative proceedings, and litigation in the following areas:

• Wrongful termination.
• Retaliation and whistleblower claims.
• Claims to enforce confidentiality, trade secrets and restrictive covenants to preserve company proprietary information and customer relationships.
• Discrimination charges and litigation under:
  • Title VII of the Civil Rights Act of 1964
  • Reconstruction-Era Civil Rights Acts
  • Americans with Disabilities Act (ADA)
  • Age Discrimination in Employment Act (ADEA)
  • Equal Pay Act (EPA)
  • Pregnancy Discrimination Amendments (PDA)
  • Arizona Civil Rights Act (ACRA) and similar laws of other states
• Sexual, racial, and other forms of harassment or discrimination
• Equal Employment Opportunity Commission (EEOC), ACRD and other state civil rights agency charges and litigation.
• Accommodations for employees with disabilities under the Americans with Disabilities Act (ADA) and equivalent state law.
• Department of Labor (DOL) Wage & Hour Division audits, investigations and litigation, including collective and class actions and individual claims under the Fair Labor Standards Act (FLSA) regarding overtime, classification of exempt status, minimum wage, child labor, etc.
• Family Medical Leave Act (FMLA) and state leave law compliance and claims, including sick pay and the Arizona Fair Wages and Healthy Families Act (FWHFA).
• Affordable Care Act (ACA) compliance.
• COBRA rights.
• Health Insurance Portability and Accountability Act (HIPAA) confidentiality obligations.
• Employee benefit claims under the Employee Retirement and Income Security Act (ERISA).
• Separation, severance and release agreements, including compliance with the Older Workers Benefit Protection Act (OWBPA).
• Planning and severance programs for layoffs and compliance with Worker Adjustment and Retraining Notification Act (WARN) compliance.
• Davis-Bacon Act and prevailing wage compliance and proceedings.
• Department of Economic Security (DES) audits and claims regarding employment status of independent contractors.
• DES proceedings regarding eligibility of former employees for unemployment compensation.
• Employee leasing, staffing agencies, professional employer organizations (PEOs), shared employees, contingent workforce and joint employer issues.
• Preemption of claims due to exclusivity of workers’ compensation for certain alleged damages.
• Employee grievances and arbitrations.
• Union negotiations and collective bargaining agreements.
• Addressing Union organizing efforts.
• Defending companies in unfair labor practice (ULP) charges filed with the National Labor Relations Board (NLRB).
• Representation of CEOs, professional athletes and sports executives.
• Computer Fraud and Abuse Act, Cyber-Hacking and Cyber-Theft.

The firm’s employment lawyers are active members of leading human resources and trade and professional associations to inform businesses of regulatory and legal developments and to broaden their knowledge and experience in dealing with industry problems and challenges. The firm’s lawyers maintain mutually cordial and respectful relationships with government agencies to resolve matters, whenever possible, quickly and inexpensively and to anticipate and seek to shape administrative actions and developments.