Supreme Court: Arizona Immigration Law That Targets Businesses Is Valid

May 27, 2011 - by: Jessica Webb-Ayer 0 COMMENTS

U.S. Supreme Court BuildingThursday, May 26, the U.S. Supreme Court upheld the Legal Arizona Workers Act (Act), an Arizona employment law that allows the state to sanction employers that knowingly or intentionally employ “unauthorized aliens.” The first provision of the Act punishes certain employers that hire unauthorized aliens by suspending or revoking their business licenses. The second provision requires employers to check the immigration status of new employees through E-Verify, a federal online employment verification program.

The Chamber of Commerce of the United States, along with several business and civil rights organizations (collectively, Chamber), filed a federal lawsuit against the individuals tasked with administering the Act. The Chamber argued that federal immigration law preempted the two provisions of the Act. The district court determined that federal law didn’t preempt the Act because the law imposed licensing conditions only on businesses operating within the state and the U.S. Congress hadn’t expressed the intent to prevent states from requiring employers to use E-Verify. The Ninth U.S. Circuit  Court of Appeals affirmed the district court’s decision.

read more…

Six States Increase Indexed Minimum Wages for 2011

December 27, 2010 - by: Holly Jones 0 COMMENTS

As the new year approaches, a number of states will see index-driven increases to their minimum wage rates. Specifically, Arizona, Montana, Ohio, Oregon, Vermont, and Washington will each add around 10 cents per hour to their existing wage rates, based on an increase in the Consumer Price Index (CPI) of a little more than one percent from August 2009 to August 2010. Two other states, Florida and Missouri, have chosen not to adjust their indexed wages.

In Arizona, the state minimum wage will increase from $7.25 to $7.35 per hour and will remain at that rate throughout the next year. Tipped employees’ hourly wages also will increase 10 cents, from $4.25 to $4.35. The new minimum wage must be posted in an area where employees can read the poster, such as the break room.

read more…

Arizona Voters Approve Medical Marijuana

November 17, 2010 - by: HR Hero 0 COMMENTS

By Dinita L. James, Gonzalez Law, LLC

By a slim margin, Arizona has become the 15th state in the nation to allow the use of marijuana for medical purposes. Proposition 203, or the Arizona Medical Marijuana Act, trailed by about 6,000 votes in early election night returns. Yet, after 10 days of counting early voter and provisional ballots, the final, though still unofficial, tally has put the yes votes ahead by a mere 4,341 votes out of the nearly 1.7 million cast.

The passage of Proposition 203 will bring significant changes to Arizona employers by spring of 2011, as the Act creates a new protected status for employees and applicants in the workplace — that of the registered medical marijuana ID cardholder. The new law specifically prohibits discrimination based on cardholder status, which includes not only marijuana-using patients but also their caregivers and dispensary agents. Further, employers will need to revisit existing drug-testing policies.

read more…

Categories: Arizona

Arizona: Employment Legislation Pushed Aside

November 04, 2010 - by: HR Hero Alerts 0 COMMENTS

by Dinita L. James, Ford & Harrison LLP

Arizona voters surfed the national Republican wave, flip-flopping the party affiliation of its U.S. House delegation, putting every statewide office in Republican hands, and likely giving the GOP a supermajority in the Arizona Legislature when final vote tallies are in.

read more…

Arizona Voters Pass Health Care Choice Measure

November 04, 2010 - by: HR Hero Alerts 0 COMMENTS

by David I. Weissman, Ford & Harrison LLP

Arizona voters resoundingly said “no thank you” to federal health care reform legislation on Election Day, voting in favor of Arizona Proposition 106 by a fairly significant margin. Proposition 106 amends the Arizona Constitution by: read more…

Arizona Medical Marijuana Vote Too Close to Call

November 03, 2010 - by: HR Hero Alerts 0 COMMENTS

By Dinita L. James

As of Thursday morning, the outcome of the Arizona Medical Marijuana Act remains too close to call. The no votes on Proposition 203 outnumbered the yes votes at one point late this morning by a slim 6,700-vote margin, with three precinct results incomplete and an unknown number of early voting ballots not yet counted.

One of the areas where precinct results were incomplete was Pima County, home to Tucson, one of the state’s more liberal areas, where incomplete results showed about 57 percent yes votes for Proposition 203. Early voting ballots received too close to Election Day likely will decide the race, and they may not be counted for several days.

read more…

Four Arizona Ballot Measures of Interest to Employers

November 01, 2010 - by: HR Hero 0 COMMENTS

By Chris McFadden

As a reminder, tomorrow will be your opportunity to make a difference in Arizona by heading to the polls! Four measures on the ballot may be of particular interest to employers.

  • Proposition 113 (secret ballot): If passed, this measure would guarantee the right to vote by secret ballot in union representation elections.
  • Proposition 203 (medical marijuana): This measure aims to allow seriously ill patients to use medical marijuana. If passed, employers will need to review their drug-testing policies, consider Americans with Disabilities Act (ADA) accommodation concerns, and analyze workplace safety implications.
  • Proposition 106 (health care): A yes vote would prohibit any rules that force state residents to participate in a health care program.
  • Proposition 107 (affirmative action): If passed, this measure would ban affirmative action programs in public employment and education.

read more…

Controversial LAWA Upheld by Ninth Circuit

September 22, 2008 - by: HR Hero 0 COMMENTS

The Ninth U.S. Circuit Court of Appeals has upheld the controversial Legal Arizona Workers Act (LAWA). Under the LAWA, which took effect January 1, 2008, a business found guilty of “knowingly” or “intentionally” hiring undocumented workers faces suspension or revocation of its business license and is placed on probationary status for a period of time. LAWA also requires employers to use the controversial federal E-Verify system to check employees’ work authorization status.

The suit was filed by a coalition of business and immigrant rights groups, including Chicanos por la Causa Inc., the U.S. Chamber of Commerce, and Arizona Employers for Immigration Reform.

read more…

Categories: Arizona

 Page 3 of 3 « 1  2  3