Employment Law

Udall Law Firm has a full service employment and labor law practice. From employment litigation and representation proceedings to collective bargaining and human relations, our attorneys are equipped and ready to handle a full range of labor and employment related matters. Our employment lawyers regularly assist and advise employers by providing counsel pertaining state and federal compliance, wage and hour issues as well as OSHA. Udall attorneys are intimately familiar with all state and federal employment laws, including Title VII, Americans with Disabilities Act, Age Discrimination in Employment Act, USERRA and Family and Medical Leave Act. We regularly assist employers regarding employment practices, preparing and revising employment manuals and by providing training for managers and supervisors. Our trusted attorneys are on hand to properly advise employers so they can avoid expensive employment litigation.

At Udall, our experienced attorneys have represented clients in employment litigation disputes in both state and federal courts throughout Arizona. In addition, our lawyers are well versed in the National Labor Relations Act, having handled union organizing campaigns for management and appearing before the National Labor Relations Board in hearings on behalf of employees. We are able to assist employers with drafting employee severance agreements and assist with enforcement. We represent clients in the drafting and enforcement of restrictive covenants such as non-compete and non-disclosure agreements. In addition, our expertise extends to handling complex and involved unemployment compensation claims.

For more information about this practice area, please contact one of our experienced attorneys listed below.

Obama Directs Department of Labor to Expand Rules for Overtime Pay

In a recent memorandum, President Obama directed the Department of Labor (“DOL”) to devise new regulations for determining overtime eligibility so as to expand the number of employees eligible for overtime. The President intends to achieve expanded eligibility by altering the standards for determining which employees are “exempt” from the overtime provisions of the Fair Labor Standards Act (“FLSA”). The President reportedly issued his directive in response to wage stagnation in the face of increasing corporate profits. Currently, the FLSA … Continue reading

New Bill Would Make Public Employees Personally Liable

On February 4, 2014, three Arizona state senators introduced SB1405 (“public employee misconduct; civil action”). If adopted, the new law would impose personal liability on any public employee who causes damage through gross negligence, malicious conduct, or reckless disregard of the damages that might occur from the employee’s conduct. The standard would apply in cases in which such conduct was undertaken in fulfillment of the public employee’s official duties. The new law would authorize the imposition of punitive damages on … Continue reading

Standard of Proof in Title VII Retaliation Claims

On the same day it issued its decision in Vance, the Supreme Court also issued a decision settling the issue of what standard of proof applies to Title VII retaliation claims. In University of Texas Southwestern Medical Center v. Nassar, the Court held that a plaintiff who files suit claiming an employer retaliated against him must show that the employer’s intent to retaliate was the “but-for” cause of the resultant adverse action the employee suffered — e.g. termination, failure to … Continue reading

Supreme Court Clarifies Definition of “Supervisor”

On June 24, 2013, the United States Supreme Court in Vance v. Ball State University clarified and narrowed the definition of a “supervisor” for purposes of vicarious liability under Title VII of the Civil Rights Act. The Court held that a person is a supervisor only if he or she has the ability to take tangible employment actions regarding other employees (i.e., the ability to hire, fire, promote, reassign with significantly different responsibilities, etc.). This ruling rejects the Equal Employment … Continue reading

Erin E. Byrnes

ERIN E. Byrnes – Partner Practice Areas: • Employment Law • Indian Law • Government Liability • Education Law Continue reading

Peter Akmajian

PETER AKMAJIAN – Partner Practice Areas: • Medical & Legal Malpractice • Commercial Litigation • Insurance Law • Product Liability • Domestic Relations • Employment Law Continue reading

Marc Cullen Goldsen

MARC CULLEN GOLDSEN – Partner Practice Areas: • Real Estate • Business Transactions • ERISA / Employee Benefits • Indian Law • Construction Law • Water Law Continue reading

Elizabeth W. Miller

Elizabeth W. Miller – Associate Practice Areas: • Business & Commercial Litigation • Employment Law • Insurance Litigation • Transactional-Business Litigation Continue reading