Vigilant Blog

In light of the COVID-19 (coronavirus) pandemic, many companies are making difficult decisions about layoffs in the face of an uncertain future. Short-term layoffs don’t trigger the 60-day notice requirement under the federal Worker Adjustment and Retraining Notification Act (WARN Act), but if a layoff extends past six months, it could spell trouble. By “layoff,”…

The Industrial Commission of Arizona has issued FAQs related to the effects of COVID-19 (coronavirus) on the state’s paid sick leave law. The FAQs confirm that a “public health emergency” currently exists due to Governor Ducey’s issuance of a Declaration of Emergency and an Executive Order on March 11, 2020, related to COVID-19. Among other…

The U.S. Ninth Circuit Court of Appeals recently ruled that an employer complied with the stand-alone disclosure restrictions imposed by the federal Fair Credit Reporting Act (FCRA) despite adding minimal language about what the background check (“consumer report”) entailed, how it would be obtained, and how the information would be used for employment purposes. As…

Arizona joined numerous states around the country yesterday when Governor Doug Doucey issued his “Stay Home, Stay Healthy, Stay Connected” order, requiring individuals to stay home except to engage in limited activities deemed essential. The order was issued on March 30, 2020, and takes effect at 5:00 p.m. on March 31, 2020 (Executive Order 2020-18)….