Hostile Work Environment and Retaliation
Slurs, jokes, touchings, threats, stalking based on sex, race, national origin, color, disability, and age are among the acts that may constitute an unlawful hostile work environment. Sexual orientation is a protected class by law in some situations. If an employee complaints about such a hostile work environment, Employers must keep the workplace free of harassment and retaliation.
Arizona law requires the payment of wages within certain timeframes when employees separate their employment with their employers. When an employer discharges an employee, the employer must pay the employee’s wages within seven working days. When an employee quits, the employer must pay the employee’s wages in the same manner that the employee is usually paid. Failure to do so may subject employers to penalties.
Federal law requires employers to pay certain employees 1.5 times their regular rate of pay when they work over 40 hours per week. Paying a salary to these employees may not relieve the employer of paying overtime.
Both Federal and Arizona law require employers to pay a minimum wage. The Arizona minimum wage law requires employers to pay employees at least $11 per hour.
Sick Time Law
Arizona employers with less than 15 employees must provide at least 24 hours of sick time per year to their employees. If they have 15 or more employees, employers must provide their employees at least 40 hours of sick time per year. Employers must take care not to retaliate against employees who request or take sick leave.
Federal employees have a right to be free from discrimination, harassment, and a hostile work environment. Federal employees must move quickly to preserve their discrimination claims by reporting them to the appropriate government officials.
Non-Compete and Non-Solicitation Agreements
The law requires non-compete and non-solicitation agreements to be reasonable. Both employees and employers should have these agreements reviewed to be sure they are enforceable.
Maintaining and updating Employment Handbooks is a great way for employers to enhance their professionalism, be clear in their expectations with their employees, and help them comply with workplace laws.
Training employees on the Employment Handbook and laws governing the workplace is a great way to prevent and address workplace issues.
Arizona law offers some protections for medical marijuana card holders in the workplace. Employers must not make hiring decisions or terminate an employee because an employee has a marijuana card or tested positive for marijuana. But, an employee cannot be impaired by marijuana at work.