As the name suggests, the United Services Employment and Reemployment Act (“USERRA”) requires employers of active-duty service members to hold open the employee/service members job while deployed—whether overseas, for...more
In Joseph Silence v. Shane T. Betts No. 1 CA-CV 23-0178, the Arizona Court of Appeals affirmed Maricopa County’s Superior Court’s decision and clarified how Proposition 209’s Savings Clause applies to garnished wages before...more
USERRA prohibits an employer from discriminating against an employee because of their past or current military service. Specifically, USERRA prohibits an employer from denying service members initial employment, reemployment,...more
When people think of a “protected class,” they often think of age, race, gender, or disability. While those are some of the classes protected by anti-discrimination laws, often-overlooked classes include honorably discharged...more
Generally, employers cannot discriminate against employees because of the employee’s disability. There are several laws that protect against disability-based discrimination, including: the Americans with Disabilities Act...more
Contracts for the sale of land or goods often impose “conditions precedent.” This means something must occur before a claim or duty arises. There are many distinct types of these provisions, but a fairly standard condition...more
When a creditor obtains an Arizona judgment, the first task the Judgment Creditor usually completes is recording the Judgment with the appropriate Arizona County Recorder’s Office, being sure to include a Judgment Debtor...more
Arizona voters passed Proposition 209 in November of 2022. Although billed as a healthcare debt interest rate limit, it surprisingly impacts Arizona employers. In Arizona, generally, thirty days after an election,...more
The Fair Debt Collection Practices Act (“FDCPA”) is a federal law that establishes protection for consumers from abusive debt collection practices. The FDCPA covers debt used for “personal, family, or household purposes”...more
Arizona-based employers ask us, “Can we be held liable for the debts of our employees?” The short answer is maybe. However, the risk lessens if the employer follows some best practices. For many employers, they do not know...more
Many companies have been requesting that remote workers return to the office. There are many employees who want to continue teleworking. Employers need to carefully evaluate each request....more
There has been a good amount of commentary regarding Arizona House Bill 2617, which amends the Arizona Homestead Statute, and related statutes, effective January 1, 2022. Despite what appears to be the consensus, the Bill is...more
10/12/2021
/ Amended Legislation ,
Arizona ,
Consumer Bankruptcy ,
Creditors ,
Debtors ,
Home Equity ,
Homeowners ,
Homestead Exemption ,
Homesteads ,
Judgment Liens ,
Mortgage Lenders ,
Property Owners
1. Make sure you have what you need from the start -
Take advantage of all information needed to collect at the time the loan is made or the services are provided, including obtaining a security interest in collateral....more
Credit scores are important and frequently determine interest rates and can even impact insurance rates. For many years, judgment creditors could enforce their judgments in a variety of ways. Prior to 2017, judgment creditors...more
3/31/2021
/ Consumer Financial Protection Bureau (CFPB) ,
Credit Reporting Agencies ,
Credit Reports ,
Credit Scores ,
Debt Collection ,
Debt Collectors ,
Debtors ,
Enforcement Actions ,
Judgment Creditors ,
Public Records ,
Settlement Agreements ,
State Attorneys General
On March 19, 2020, Arizona Governor Doug Ducey issued an executive order aimed at restraining the spread of COVID-19 which limits many business operations in Arizona. Impacted small businesses are wondering how are they going...more
3/28/2020
/ Business Closures ,
Business Interruption ,
Coronavirus/COVID-19 ,
Economic Injury Disaster Loans ,
Executive Orders ,
Governor Ducey ,
Non-Essential Businesses ,
Relief Measures ,
SBA ,
Small Business ,
Small Business Loans ,
State of Emergency