A Social Media Post for the New Year

Starting several years ago, I began posting the annual social media video by Erik Qualman. It’s a good reminder of why companies should care about social media. Notably, there are many legal pitfalls when it comes to *how* companies address social media with their employees–whether adverse action can be taken against employees, whether employees can be prohibited from doing certain things online, and how confidential, proprietary, or trademarked (or otherwise protected) materials are handled online. But for now, since it’s the new year, just enjoy the video and we’ll drill down on these items later on this year! Happy 2017!

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New “Frequently Asked Questions” Released for Proposition 206

faqYesterday, the Industrial Commission of Arizona released informal guidance in the form of “Frequently Asked Questions,” which provides additional information to assist with understanding Proposition 206 in Arizona (the Fair Wages and Health Families Initiative).

The FAQ is available here. Additional regulations are expected to be forthcoming.



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New Form I-9

The U.S. Citizenship and Immigration Services (USCIS) published a revised version of Form I-9, Employment Eligibility Verification.  This new form (dated 11/14/2016) must be used by employers as of January 22, 2017.  The form can be found here, and additional information is available here.  The new form has instructions on a separate page and is being lauded as easier to fill-out on a computer.  The USCIS press release also states that it now has:

  • Prompts to ensure information is entered correctly.
  • The ability to enter multiple preparers and translators.
  • A dedicated area for including additional information rather than having to add it in the margins.
  • A supplemental page for the preparer/translator.
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Arizona’s Proposition 206 Addressing Paid Sick Leave Was Approved by Voters

3d Arizona on mapTuesday evening, Arizona voters approved Proposition 206 by a wide margin.  My colleague, John Lomax, has provided a helpful summary of the new law affecting paid sick leave.

The proposition will raise the minimum wage to $10.00 per hour in January 2017, rising to $12.00 per hour by 2020, and indexed to inflation thereafter.  The measure also included paid sick time obligations for employers to provide employees.  Here is a summary of the new law:

  • For large employers (more than 15 employees), the Paid Sick Time (PST) requirements extend to both hourly and salaried employees.
  • The accrual of PST should begin no later than July 1, 2017, so companies have a little time to plan further.  Note, for employees hired after July 1, 2017, companies can require them to work 90 days before they can use the accrued PST.
  • The accrual is one hour for every 30 hours worked.  The proposition allows companies to assume salaried, exempt employees work 40 hours a week.
  • There is a cap as 40 hours (or 5 days) of accrued PST.  The proposition provides the employee is not entitled to accrue/use more than 40 hours per year.  Once the PST are fully accrued (at 1200 hours), the employer does not need to accrue additional time.  The cap for small employers is 24 hours.
  • The proposition allows employees to carry over PST, but subject to the limitations on usage and accrual.  If the company pays out the earned PST at the end of the year and grants the full allotment of PST for the following year, then there does not need to be carryover.
  • The company does not need to pay out the PST on termination of employment, but if the same employee is rehired within 9 months of termination, the accrued, unused PST needs to be reinstated and the employee can use that balance immediately on rehire.
  • Companies are required to have a notice that outlines what is available to employees, how to use it, etc.
  • Companies cannot count use of PST as an absence that leads to discipline or termination.
  • The company must permit employees to use PST in the smaller of hourly increments or the smallest increment that its payroll system uses to account for absences or other time.
  • Companies cannot require employees, as a condition of using PST, to find a replacement worker.
  • Companies cannot retaliate against employees for using or seeking to use PST.
  • Companies are required to keep records showing compliance for four years.
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The Election Day Edition – An Overview of the Candidates’ Views of Workplace Laws

Only one day away from an election that, at best, can be described as a rollercoaster. The Arizona readers of the blog have undoubtedly observed that activity is at a high in this state since–for the first time in many years–Arizona is considered a battleground state. Whether you are pro-Hillary or pro-Donald, here are some highlights on their views of workplace laws, such as minimum wage.

Happy Voting!

Secretary Hillary Clinton


It has widely been discussed that Clinton plans to raise the minimum wage to $12. Arizona, Colorado, Maine, and Washington already have measures on their ballots to increase the minimum wage over the next four years to $12.00 and the latter to $13.80.

Some of the items in Secretary’s plan applicable to the workforce are:

Reward companies that share profits with their employees, not just their executives

Fight for unions that built the great American middle class and strengthen collective bargaining

Encourage businesses to provide worker training and apprenticeships

End the tyranny of “quarterly capitalism” and encourage companies to invest in America for the long-run

Reform our tax code to reward businesses that invest in jobs in the United States, and impose an exit tax on companies that move overseas to avoid paying their taxes

Strengthen our antitrust laws and enforcement so businesses get ahead by competing and benefitting their customers – not by unfairly concentrating markets

Claw back the special tax breaks that corporations receive for locating research and production here at home if they ship jobs overseas, and use the proceeds to invest in America

Make the minimum wage a living wage and fight for equal pay

Pursue worker-friendly policies to make it harder for companies to race to the bottom in search of profits

Defend Wall Street reform and push for new measures to ensure that Wall Street never threatens Main Street again

See https://www.hillaryclinton.com/briefing/factsheets/2016/06/22/stronger-together-hillary-clintons-plan-for-an-economy-that-works-for-everyone-not-just-those-at-the-top/

In Arizona, Secretary Clinton spoke about diversity and embracing the various cultures within the United States. She also focused some of her talk on workplace issues–such as raising the national minimum wage and guaranteeing equal pay for women’s work.



Donald Trump

Trump, on the other hand, supports an increase of the minimum wage to $10 an hour, but wants states to guide the changes in regulations. Some have argued Trump has changed his perspective on minimum wage; however, the recent conversations suggest he does support an increase.


Trump’s vision includes his plan to:

Create a dynamic booming economy that will create 25 million new jobs over the next decade. For each 1 percent in added GDP growth, the economy adds 1.2 million jobs. Increasing growth by 1.5 percent would result in 18 million jobs (1.5 million times 1.2 million, multiplied by 10 years) above the projected current law job figures of 7 million, producing a total of 25 million new jobs for the American economy.

See https://www.donaldjtrump.com/policies/economy/.


You can read his plan to create 25 million jobs here. He says he will “[a]sk all Department heads to submit a list of every wasteful and unnecessary regulation which kills jobs, and which does not improve public safety, and eliminate them.”

White House

And last–a couple extra pictures and a video from the Clinton rally for those readers who asked about the experience at the rally:

Here's the crowd. I heard reports of 10-12k.

Here’s the crowd. I heard reports of 10-12k people attending.

The rec/fitness center at ASU. The only place you can work out and watch a political speech live.

The rec/fitness center at ASU. The only place you can work out and watch a political speech live.

Ann Kirkpatrick and Gabby Giffords

Ann Kirkpatrick and Gabby Giffords

Me - the writer of this blog.

Me – the writer of this blog.


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