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Arizona Labor and Employment Law
Arizona Labor and Employment Law is the essential legal reference for Arizona practitioners, offering in-depth analysis of employment and labor law issues including wrongful termination, discrimination, wage and hour claims, and public sector employment. This treatise addresses both Arizona-specific statutes and federal workplace laws.
Publisher: Matthew Bender
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Arizona Labor and Employment Law delivers a practical, detailed, and comprehensive guide to navigating workplace legal challenges in Arizona. Authored by employment law expert Nathaniel J. Hill, this indispensable treatise covers the full spectrum of labor and employment law, providing actionable insights for attorneys representing employers or employees.
The guide examines foundational workplace topics—such as at-will employment, hiring and firing practices, employee handbooks, wage and hour law, discrimination claims, medical leave, and restrictive covenants—with a strong focus on Arizona statutes like the Arizona Employment Protection Act (AEPA) and the Arizona Civil Rights Act (ACRA). It also offers comparative guidance on how these laws interact with major federal statutes including Title VII, FMLA, ADA, and the NLRA.
Special features include practical checklists, strategic litigation considerations, sample pleadings, and real-world frameworks to assist with employment litigation, policy drafting, administrative proceedings, and complex workplace disputes. This treatise also addresses the legal nuances surrounding medical marijuana in the workplace, union rights, public employee protections, and whistleblower claims.
Tailored for Arizona's legal landscape, this treatise ensures that employment practitioners remain up to date with evolving case law and statutory amendments.
Whether you're negotiating employment contracts or managing multi-claim litigation, Arizona Labor and Employment Law is the reliable reference that keeps your practice sharp and compliant.
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CHAPTER 1 PRELIMINARY CONSIDERATIONS: HOW TO APPROACH WORKPLACE PROBLEMS
§ 1.01 Introduction to Approaching Workplace Problems
§ 1.02 Approaching Workplace Problems from the Employer Perspective
§ 1.03 Approaching Workplace Problems from the Employee Perspective
CHAPTER 2 THE EMPLOYER-EMPLOYEE RELATIONSHIP
§ 2.01 Introduction to the Employer-Employee Relationship in Arizona
§ 2.02 Employment Relationships in Arizona
§ 2.03 At-Will Employment in Arizona
§ 2.04 Duties of Good Faith and Fair Dealing
§ 2.05 Employer and Employee Promises and Reliance
§ 2.06 Independent Contractors
§ 2.07 Employment Agreement Litigation Considerations
§ 2.08 Joint Employers and Professional Employer Organizations
CHAPTER 3 EMPLOYEE MANUALS AND WORKPLACE POLICIES
§ 3.01 Introduction to Employee Manuals and Workplace Policies
§ 3.02 Employment Manuals and Workplace Policies
§ 3.03 Hiring Practices and Job Descriptions
§ 3.04 Eligibility to Work
§ 3.05 Drug Testing
§ 3.06 Arizona’s Medical Marijuana Act
§ 3.07 Employee Benefits
§ 3.08 Workplace Safety
§ 3.09 Workplace Injuries and Workers’ Compensation
§ 3.10 Terminations, Layoffs, and Plant Closures
CHAPTER 4 WAGES AND WORK HOURS
§ 4.01 Introduction to Wages and Work Hours in Arizona
§ 4.02 Coverage of Applicable State and Federal Laws
§ 4.03 Hours Worked
§ 4.04 Overtime
§ 4.05 Wage and Overtime Enforcement
§ 4.06 Recordkeeping
§ 4.07 Anti-Retaliation
§ 4.08 Employing Minors
CHAPTER 5 DISCRIMINATION
§ 5.01 Introduction to Discrimination
§ 5.02 Employer and Employee Coverage for Discrimination Laws
§ 5.03 Discrimination in General
§ 5.04 Hostile Work Environments
§ 5.05 Sexual Harassment
§ 5.06 Retaliation Prohibited
§ 5.07 Discrimination Enforcement Considerations
CHAPTER 6 LEAVES OF ABSENCE AND WORKPLACE ACCOMMODATIONS
§ 6.01 Introduction to Leaves of Absence and Accommodations
§ 6.02 Family and Medical Leave Act
§ 6.03 The Americans with Disabilities Act
§ 6.04 Arizona Fair Wages and Healthy Families Act
CHAPTER 7 WRONGFUL TERMINATION
§ 7.01 Introduction to Wrongful Termination
§ 7.02 Wrongful Termination Under Arizona’s Employment Protection Act
§ 7.03 “Whistleblower” and Retaliation Claims Under the Arizona Employment Protection Act
§ 7.04 Constructive Termination
§ 7.05 Parallel and Companion Claims with Wrongful Termination Claims
§ 7.06 Wrongful Termination Litigation Considerations
CHAPTER 8 RESTRICTIVE COVENANTS AND EMPLOYEE DUTIES TO EMPLOYERS
§ 8.01 Introduction to Restrictive Covenants and Employee Duties
§ 8.02 Restrictive Covenants
§ 8.03 Confidentiality Agreements and Duties
§ 8.04 Arizona’s Uniform Trade Secret Act
§ 8.05 Employee Duties of Loyalty and Fiduciary Duties
§ 8.06 Restrictive Covenant, Trade Secret, and Confidentiality Litigation Considerations
CHAPTER 9 GOVERNMENT AND PUBLIC EMPLOYEES
§ 9.01 Introduction to Government and Public Employees
§ 9.02 First Amendment Considerations
§ 9.03 Covered and Uncovered Employees
§ 9.04 Due Process Protections and Obligations for Covered Employees
§ 9.05 Distinctions for State, County, Municipal, School District, Law Enforcement, and Other Public Employees
§ 9.06 Government and Public Employee Litigation Considerations
CHAPTER 10 LABOR UNIONS AND NON-UNION PROTECTION
§ 10.01 Introduction to Labor Unions and Non-Union Protections
§ 10.02 Scope and Coverage of the National Labor Relations Act
§ 10.03 Arizona’s Right to Work Law
§ 10.04 Protection of Union and Non-Union Employees
§ 10.05 Claims for Unfair Labor Practices
CHAPTER 11 EMPLOYMENT LITIGATION
§ 11.01 Introduction to Employment Litigation
§ 11.02 Employee Initiated Claims
§ 11.03 Employer Initiated Claims
§ 11.04 Administrative Agency Charges and Determinations
§ 11.05 Alternative Dispute Resolution Agreements
§ 11.06 Lawsuits in State or Federal Court
§ 11.07 Preliminary Injunctions and Injunctions Against Workplace Harassment
§ 11.08 Proving or Rebutting Damages
§ 11.09 Private Mediation and Settlement Conferences
§ 11.10 Settlement Agreements