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Arizona Employment Law Questions & Answers
1 Answer | Asked in Education Law and Employment Law for Arizona on
Q: Can a school district make my wife continue to work at home while on FMLA and not pay her for full-time work?

My wife's school district has known that she would be taking leave for the birth of our son for several months. However, they have still failed to bring someone in to sub for her while she is on leave. While on leave she will not be given full pay. However, because of the district's... Read more »

Rhiannon Herbert
Rhiannon Herbert answered on Jan 26, 2022

You should contact an Arizona employment attorney to discuss this situation. If your wife is using FMLA leave, then she should be fully relieved of any of the normal duties she performs. If she is being forced to work while on FMLA leave, then this could be considered FMLA Interference.

1 Answer | Asked in Employment Law and Contracts for Arizona on
Q: Would like verbiage for an Indemnification Clause please, we own an interior design studio and do not provide labor.

"The Client agrees to indemnify and hold JL Coates harmless from any and all claims, damages, liability, loss or cost (including attorney’s fees and costs of defense) to the proportionate extent that such Claims are caused by JL Coates’ negligence or willful misconduct. The indemnity... Read more »

Nadine Sameer Deeb
Nadine Sameer Deeb answered on Dec 17, 2021

Hello, I or any other contracts attorney would be happy to help you out with this, but providing language for a contractual agreement is a service that you'd need to pay for. It's highly unlikely any attorney on here would be willing to offer their services for free to provide you such verbiage.

1 Answer | Asked in Employment Law for Arizona on
Q: In Az, is employer required to pay sick pay if emp works 60-70 hrs/wk and is sick 1 day?

I work in transportation and work 60-70hrs/wk. I had to leave 2 hrs into 12 hr shift due to emergency. Employer says he doesnt have to pay since I work more than 40hrs/week. And since this specific issue is not outlined verbatim he doesn't have to pay sick pay when we work beyond 40hrs.

Rhiannon Herbert
Rhiannon Herbert answered on Nov 30, 2021

Employers are only required to pay their employees for their time spent performing work. The law does not require the payment of sick time, vacation time, or any other kind of paid time off. However, if you are paid by the hour, you must be paid at a rate of one-and-one-half times your regular... Read more »

1 Answer | Asked in Employment Law and Employment Discrimination for Arizona on
Q: Is it legal to record someone on your phone
Rhiannon Herbert
Rhiannon Herbert answered on Nov 16, 2021

Arizona is a "one party" recording state. This means that you must be part of the conversation (or obtain at least one party to the conversation's consent) to record the conversation. As long as one party (whether it's you or someone else) consents to the recording, the other... Read more »

1 Answer | Asked in Employment Law for Arizona on
Q: Is it illegal to interview for another job after signing a multi-year contract with my current employer?

My current role has been mentally draining and after signing, I am not sure if it is the right fit for me anymore. Another (and rare) opportunity opened up where I live and I am interested in exploring it but not sure if I would be breaking my contract or doing anything illegal if I do.

Carrie Dyer
Carrie Dyer answered on Nov 3, 2021

The answer to your question is dependent on the language in your contract with your current employer. You should contact an employment lawyer in your area to have your contract reviewed to determine what options you have to leave your current employment (i.e., required notice periods, etc.) before... Read more »

1 Answer | Asked in Employment Law and Employment Discrimination for Arizona on
Q: Being asked to perform duties that I am over qualified for constantly.

I am the only one that is constantly asked to work under my coworkers who we holds the same qualification.

Carrie Dyer
Carrie Dyer answered on Nov 3, 2021

Generally, an employer can require you to perform duties that you are over-qualified for. However, if you believe you are being singled out in a discriminatory manner due to your status in a protected class (i.e., race, gender, age, etc.), you should contact an employment attorney in your area to... Read more »

1 Answer | Asked in Employment Law, Immigration Law and Civil Rights for Arizona on
Q: School principal is confiscating cell phones and keeping them for an unreasonable amount of time: is it constitutional?

1st infraction: 1 week; 2nd: 30 days; 3rd: entire school year. No parental consent or due process. No policy on how its enforced. School administrator states that cell phones are prohibited items: my concern is the safety of the students. Many parents rely on cell phones to track their children,... Read more »

Alexander Ivakhnenko
Alexander Ivakhnenko answered on Oct 22, 2021

Yes.

Limiting access to mobile telephones for school students by the school Administration is completely Constitutional. The school implements its rules and oversees education , social and safety parameters of that educational institution.

The school may and should limit any...
Read more »

1 Answer | Asked in Contracts and Employment Law for Arizona on
Q: I got an acting gig & in the contract they are saying they will be allowed to use my image or likeness in "perpetuity"

Is this the norm? They can use it forever?

Marcos Garciaacosta
Marcos Garciaacosta answered on Oct 20, 2021

Yes it is

Most likely it is in connection with the specific acting or work you are doing.

Consult with an attorney.

This is not legal advice.

1 Answer | Asked in Criminal Law, Employment Law and Employment Discrimination for Arizona on
Q: If a misdemeanor was dismissed in virginia do I need to disclose it in an interview in Arizona?

Pleaded guilty but was dismissed in Virginia. Do I have to disclose the misdemeanor in an interview or asked?

Will a dismissed case affect my chances of getting hired ?

Mike Branum
Mike Branum answered on Sep 10, 2021

Ah, the lawyer's favorite answer: "It depends."

If the question is: "Have you ever been charged, arrested, accused, etc. of a crime (if they either do not specify or specifically mention misdemeanors)?" then you would be untruthful if you replied in the negative....
Read more »

Q: My name is Danielle. I have a question about unemployment and needing representation for an appeal.

I stopped receiving benefits back in October because of trying to verify with id.me and it took 3 months to complete and then at which time I was informed that an adjudicator was assigned to my claim. I was found monetarily ineligible based on non fraud issue and disqualified. I submitted my... Read more »

Joel Friedman
Joel Friedman answered on Aug 14, 2021

I wanted to let you know your question was posted to a workers' compensation website, very different than unemployment benefits (UIB). I personally do not have an answer about your pandemic benefits claim and I don't know if you are eligible for some UIB payment even without having worked... Read more »

1 Answer | Asked in Employment Law, Constitutional Law and Employment Discrimination for Arizona on
Q: My husband was fired due to him having an 11yr old felony he reported when he was hired two weeks ago, is this legal?

Is this an unfair dismissal being that he was already working for two weeks? He was approached by his supervisor of two weeks who told him the company does not hire people with his type of charge. Which was a sexual offense. The company he was working at was a metal crafting company

Rhiannon Herbert
Rhiannon Herbert answered on Jul 27, 2021

Unfortunately, there is no law that prohibits employers from firing or refusing to hire individuals based on prior criminal convictions. However, if you believe your husband was targeted for termination for a different reason unrelated to his past convictions, then you should contact an Arizona... Read more »

1 Answer | Asked in Employment Law, Personal Injury and Health Care Law for Arizona on
Q: If a home healthcare agency sends an aide to a client's house that brought bed bugs into the clients home,can he sue?
Tim Akpinar
Tim Akpinar answered on Jun 28, 2021

An Arizona attorney could advise best, but your question remains open for a week. It sounds like it might be a difficult case. With such cases in general, connecting the infestation to the alleged source (to the exclusion of other possibilities) could sometimes present challenges. Additionally, if... Read more »

1 Answer | Asked in Employment Law for Arizona on
Q: In Arizona, is it legal to make a server pay for unpaid bills from walk-outs?

In situations where it's not due to gross negligence nor is it intentional can servers be forced to pay? Assuming there is no written consent, when can servers be held financially responsible?

Rhiannon Herbert
Rhiannon Herbert answered on Jun 1, 2021

Under the Fair Labor Standards Act, it is unlawful for your employer to deduct unpaid bills from your pay (or otherwise reduce your pay) if this would result in your hourly wage falling below minimum wage. If your server hourly rate + tips does not equal at least your state's minimum wage per... Read more »

1 Answer | Asked in Employment Law for Arizona on
Q: Is it legal for my employer to go in to change my clock in time without it being in my contract or previously discussed?

I just started a new job recently and during training was instructed that I was allowed to clock in "up to 5 minutes" before the hour my shift starts.

I have been doing this and discovered last night that the times I'm being paid for have been adjusted compared to what they... Read more »

Kyle Anderson
Kyle Anderson answered on May 12, 2021

How many hours per week are you working? The Fair Labor Standards Act allows for rounding, as long as the rounding system does not result in a failure to count as hours worked all the time employees have actually worked over a period of time. I would reach out to an employment attorney because more... Read more »

Q: I’m a teacher, and the administration gave out my number to a student without my permission. What should I do?

The student contacted me and I blocked them right away.

Joel Friedman
Joel Friedman answered on May 2, 2021

My practice is limited work injury cases, a specific part of employment law. Your concern appears to be an issue of employment privacy and it is not something I am able to provide advice. I suggest you look for an attorney whose practice is more directly employment law, if you do not hear back... Read more »

1 Answer | Asked in Employment Law and Workers' Compensation for Arizona on
Q: Does my employer need to pay me a profit share after I left the company?

My employer promised my salary is $16 per hour plus 10% of net profits. However, my employment was terminated last week

I left this company was because I was exposed to someone with covid and I told my boss that I was not going to work just to keep everyone safe, then he said I abandoned my... Read more »

Maurice Mandel II
Maurice Mandel II answered on Jan 26, 2021

In most circumstances, the payment of an employee's compensation cannot be dependent on the employer's satisfaction with job performance, you either earn it or not. However, bonuses are different. So this depends on whether your compensation of 10% is part of salary or a bonus. You... Read more »

Q: Fired for restraining an out of control fellow worker I was assaulted by at work in front of management. Days after.

Management deleted hours work prior to terminations.

Kyle Anderson
Kyle Anderson answered on Nov 25, 2020

More facts are needed to analyze your situation. Arizona is an at will employment state, meaning you can be terminated for any reason or no reason at all. The only protection you can usually get from a legal standpoint is if the termination is based on your race, religion, sex, etc.

If...
Read more »

1 Answer | Asked in Employment Law for Arizona on
Q: My daughter works 37.5 hours a week (half day Saturday) and is hourly.

She was told that she had to take the company phone home with her and be "on call" until 9:30 each night (she works from 7:30-4:30 normally) in order to get a raise. Now they are adding Sundays as well saying that was discussed and it was not.

Kyle Anderson
Kyle Anderson answered on Oct 14, 2020

Hi, more information is needed here and I'm not sure exactly what your question is. That being said, an employer can require your daughter to be on call.

Whether the time she is on call is compensable is another question. On-call time is compensable (your daughter must be paid for it)...
Read more »

1 Answer | Asked in Business Law and Employment Law for Arizona on
Q: My ex-employer won’t respond when I ask about returning work equipment - tablet, phone & laptop. Are they mine now?
Carrie Dyer
Carrie Dyer answered on Oct 7, 2020

No, the equipment is not yours. It is the property of your employer. You should continue to contact your employer until you get a response regarding how the equipment should be returned.

1 Answer | Asked in Employment Law for Arizona on
Q: I went on FMLA for corona now I dont have the position in my store the mgr is training someone. Else

The mngr sent me to another store for a week and now said she doesnt know if they can get hours im a full time assistant manager

Carrie Dyer
Carrie Dyer answered on Oct 7, 2020

You are typically entitled to reinstatement to your position or to an equivalent position (with equivalent hours) upon return from an FMLA-qualifying leave that does not exceed the maximum 12-week allotment. This right to reinstatement exists even if your employer replaced you while you were on... Read more »

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