In the context of health care decision-making in Arizona, especially for individuals who are incapacitated, the state utilizes a legal structure that includes health care powers of attorney and surrogate decision-making laws. Although Arizona has not fully implemented the Uniform Health Care Decisions Act (UHCDA), its legal provisions aim to fulfill a similar objective: to ensure that the health care preferences of individuals are honored and implemented in situations where they are unable to communicate their wishes directly.
Read MoreIn a significant development for labor law and worker classification in the United States, the Department of Labor (DOL) announced a final rule on Tuesday that revises the interpretation of the Fair Labor Standards Act's (FLSA) classification provision. This rule aims to provide clearer criteria for determining whether a worker may be considered an independent contractor.
Read MoreThe Corporate Transparency Act (CTA), a landmark regulation in the United States, has ushered in a new era of corporate responsibility and transparency. This act requires businesses to disclose their beneficial owners, aiming to prevent and combat money laundering, terrorist financing, and other illicit activities. As business owners and entrepreneurs, it's crucial to understand the implications of this act and adhere to its requirements.
Read MoreIn a recent landmark ruling, the Supreme Court addressed a case that revolved around a Christian postal worker's refusal to work on Sundays due to religious beliefs.
Read MoreOn July 31, 2023, a groundbreaking decision was made by the Seventh Circuit Court of Appeals, breathing new life into a Christian teacher's religious discrimination lawsuit. At its core, the case revolves around the refusal of the teacher to address transgender students by their chosen names and pronouns. It encapsulates the complexities surrounding the balance of religious freedoms and protections against LGBTQ+ discrimination in the constantly evolving legal framework.
Read MoreIn the landscape of workplace equality, the recent case of Stacey Arnold Yerkes against the Ohio State Highway Patrol (OSHP) stands as a beacon of justice and empowerment. Yerkes, a gay female, served the Patrol diligently from 1994 to 2018, climbing the ranks to the position of a Criminal Interdiction Training Sergeant. Her story is not just a tale of success but a testament to courage in the face of discrimination.
Read MoreOperating a short term rental property can be an intimidating venture. Owners of rental homes are expected to comply with pertinent laws and property restrictions, or hire someone that can help them comply with their obligations. Avoid unnecessary legal risk and focus on maximizing their property’s potential by accounting for these top ten considerations from the outset.
Read MoreNon-compete agreements are facing increased scrutiny, with the National Labor Relations Board (NLRB) joining the fray. This Memo follows the Federal Trade Commission’s (FTC) recent proposal to ban most non-compete restrictions, providing very limited exceptions. In a recent memo, the NLRB's General Counsel Jennifer Abruzzo stated that non-competes in employment and severance agreements generally violate the National Labor Relations Act (NLRA). This development raises concerns for employers, but it's essential to understand the memo's limitations and potential challenges the NLRB may encounter.
Read MoreProbate is a legal process that takes place after someone passes away. It involves the informal or formal transfer of a deceased person’s assets to their heirs or beneficiaries through a court. Here in Arizona, this process is governed by the Arizona Probate Code. The probate process can be lengthy and costly.
Read MoreIn Arizona, traffic violation laws are taken very seriously, and penalties for breaking these laws can be steep. Whether you are a resident or a visitor, it's important to understand Arizona's traffic laws to avoid getting a ticket or facing more severe consequences.
Read MoreWhat happens if you and/or your partner pass away while your children are still minors? A last will and testament or living trust ensures a seamless transition for the care of your minor children. If you die without a will or living trust formally appointing a guardian for your children (intestate), the court may appoint a guardian for your child. Priority is generally given to family members. The process can be contentious if multiple relatives disagree about the best interests of the child or children.
Read MoreIn March 2022, Senate Bill 1273 was passed. Senate Bill 1273 will amend the following Statutes: Arizona Revised Statute §§ 28-729 and 28-903. The amendments will affect motorcycle operations and the bill will officially come into effect on September 24, 2022. Here is all you need to know about the new motorcycle law.
Read MoreOn March 3, 2022, President Biden signed H.R. 4445 into law. Named as the “Ending Force Arbitration of Sexual Assault and Sexual Harassment Act,” it changes the Federal Arbitration Act by removing the mandatory arbitration requirement for Sexual Assault and Harassment victims and giving the victims the discretion to settle their grievances through arbitration or litigate them in court. Furthermore, it makes an arbitration agreement unenforceable or voidable even when the agreement has been made before the act’s passage.
Read MoreIn Arizona, a beneficiary deed allows property to be transferred to someone else automatically when the current owner dies. Some homeowners use a beneficiary deed to bypass probate. The homeowner keeps control of the property, including the ability to sell or refinance the property even if they have recorded a beneficiary deed. Beneficiary deeds are revocable. In other words, the homeowner can change their mind after recording a beneficiary deed as long as they still own the property and record a new deed. Beneficiary deeds can be recorded for property even if there is a secured debt or lien on the property. The grantee of a beneficiary deed does not have any rights to the property until and unless the record owner of the property passes away.
Read MoreGovernor Ducey approved HB2158 on April 13, 2022. Sponsored by Representative Kavanagh of Fountain Hills, the bill limits prohibitions Homeowner Associations (HOA) may enforce in relation to speech involving the HOA. The bill becomes effective 91 days after the legislative session adjourns and will be codified under the Arizona Revised Statutes §§ 33-1261 and 1808.
Read MoreOn March 30, 2022, Arizona Governor Doug Ducey signed HB 2131 into law. Sponsored by Representative Kavanaugh of Fountain Hills, the bill essentially limits an associations’ ability to enforce provisions of its Declaration of Covenants, Conditions, and Restrictions (CC&R) that include a prohibition on artificial grass. HB 2131 will become effective 91 days after the 2022 regular legislative session ends and will be established as A.R.S. § 33-1819.
Read MoreAmendments to a Homeowners Associations’ Covenants, Conditions, and Restrictions, can be challenged, even if the amendment was passed by a majority of the homeowners and duly recorded. On March 22, 2022, the Arizona Supreme Court published its decision for Maarten Kalway v. Calabria Ranch HOA, LLC. The case involved a dispute between an H.O.A. and a homeowner after the H.O.A. amended its governing documents to impose new limitations on the homeowner’s ability to improve their property.
Read MoreIf you live in a community with homeowner’s association or a condominium association, you might be required to pay regular assessments on a monthly, quarterly, or annual basis. You may also receive notice that you are required to pay a special assessment for a specific cost. Assessments are collected by the HOA to fund, operate and maintain “Common Areas” (as defined by your HOA’s governing documents) or other shared obligations of the HOA like legal fees, maintenance costs, or management fees.
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