Wednesday, March 22, 2017

Businesses Beware: Don't Get Hooked into Paying for Forms You Don't Need



By: John “Jack” G. Sestak, Jr., Member, Jennings, Strouss & Salmon, P.L.C.




Over the years, I have come across what appear to be “official” correspondences from companies portraying themselves as state-related representatives. Their purpose is to “scare” a business into hiring them to prepare form corporate documents, stating that all corporations must file annual reports with the Arizona State Corporation Commission; however, many businesses, such as limited liability companies, are not required to file annual reports. In addition, the letters offer to prepare annual director and shareholder meeting minutes at fairly significant rates. 

The bottom line – understanding your business structure and its reporting requirements is extremely important to ensure you are compliant. It is also prudent to prepare and retain annual director and shareholder meeting minutes; however, do not get hooked into paying “service” firms for forms you may not need, or that may be substandard or simply false. It is in a company’s best interest to confer with its attorney, or seek experienced legal counsel, regarding business filings, compliance and other legal needs.

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John “Jack” G. Sestak, Jr. represents small, medium and large companies in all areas of business and commercial litigation. He advises clients with matters related to corporate, administrative, creditors' rights, securities litigation, real estate, employment, professional negligence, and environmental matters.

Mr. Sestak is an experienced litigator and has assisted with a broad range of commercial litigation issues, including general contract disputes, shareholder and partner disputes, employment issues, and arbitration proceedings. In addition, Mr. Sestak handles business and commercial transactions of all kinds, providing counsel and advice on business planning, as well as dispute resolution. He has also represented major financial institutions in dispute resolution and litigation matters. Mr. Sestak can be reached at 602.262.5827 or jsestak@jsslaw.com

Wednesday, March 15, 2017

Arizona Supreme Court Upholds Arizona Prop 206




By: Otto S. Shill, III, Attorney, Jennings, Strouss & Salmon, P.L.C.
 

The Arizona Supreme Court has unanimously upheld Arizona Proposition 206, which, effective January 1, 2017, increased Arizona's minimum wage to $10.00, and requires employers to provide paid sick leave to employees beginning July 1, 2017.

The statute, known as the Fair Wages and Healthy Families Act, is the result of a 2016 voter proposition. It has been highly contested by numerous business organizations; however, with this decision, employers must take immediate steps to ensure that they (i) are compliant with the minimum wage requirement already in effect, and (ii) prepare for the policy and recordkeeping changes that will be required for the addition of paid sick leave benefits beginning July 1.

While legislative efforts may be forthcoming to make changes to this law, permissible changes are limited because it was passed by voter initiative. So, a higher minimum wage, as well as paid sick leave for all Arizona employees, is now a reality that employers must acknowledge. The labor and employment team at Jennings, Strouss & Salmon is available to help evaluate your current plans and assist with the creation and implementation of new or revised policies to ensure your business is compliant.

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Employers have many options for hiring labor and employment legal representation; however, unlike Jennings, Strouss & Salmon, few encompass the reputation, history, experience, and full-service functionality under one roof.

Minimum wage and overtime issues under the Fair Labor Standards Act create unique challenges for employers. We offer creative solutions and swift litigation support. From internal compliance audits to Department of Labor investigations, we guide clients through the maze of regulations to ensure they comply with the ever changing laws, and defend clients facing wage and hour litigation in both individual and collective claims.

Our labor and employment attorneys are also experienced at handling the wide-range of employment issues that challenge businesses, big and small. They regularly assist clients in hearings before numerous administrative agencies, such as the EEOC, OSHA, NLRB, OFCCP, U.S. Department of Labor, Arizona Civil Rights Division, and the Arizona Department of Economic Security. In addition, our labor and employment attorneys are skilled litigators, defending clients in all types of lawsuits brought before state and federal courts (both trial and appellate). They also assist our clients in resolving disputes through negotiation, mediation, arbitration, early neutral case assessment and other alternative dispute resolution techniques.

For assistance with any of your labor and employment needs, please contact one of our experienced labor and employment attorneys:

John J. Egbert - johnegbert@jsslaw.com - 602-262-5994
Chris M. Mason - cmason@jsslaw.com - 602-262-5817
Otto S. Shill -  oshill@jsslaw.com - 602-262-5956
John "Jack" G. Sestak, Jr. - jsestak@jsslaw.com - 602-262-5827
Lindsay G. Leavitt - lleavitt@jsslaw.com - 602-262-5825
 

Wednesday, March 8, 2017