EEOC Releases Opinion Letter Regarding Pre-Employment Inquiries into Arrests & Convictions

The EEOC has released a letter outlining its general position with respect to employers using arrest and conviction records in pre-employment screening. Generally, the EEOC admonishes employers to distinguish between arrest and conviction records warning that arrest records are susceptible to errors and do not reflect whether the person was convicted of a crime. It also warned employers to tailor the use of conviction records to the position to be filled. Finally, if the use of conviction records results in a disparate impact on minorities, the employer should not use them. For more information on pre-employment inquiries regarding arrests and convictions from the EEOC, click here.

Each case a business or individual may face is unique and may require legal advice. If you would like additional information regarding the content of this article, please contact the author, Keith Overholt, or the Chair of our Labor and Employment Department, John Egbert.

Jennings, Strouss & Salmon Expands Phoenix Office with the Addition of Callie N. Parkinson

PHOENIX, Ariz. (October 12, 2011) - Jennings, Strouss & Salmon, PLC, a leading Phoenix-based law firm, is pleased to announce that Callie N. Parkinson has joined the firm as a litigation associate in the Phoenix office.

"We are fortunate to have such an enthusiastic and accomplished person as Callie come on board," stated Frederick M. Cummings, Chair of the firm's Litigation department. "I anticipate a very bright future for her at the firm."

Parkinson will focus her practice in the areas of litigation, health care, and medical and professional liability defense.

"I am thrilled to join such a well-respected law firm and have the opportunity to work with the talented and experienced attorneys at Jennings Strouss," stated Parkinson. "I look forward to contributing to the firm, being involved in the business and legal communities, and building relationships with our clients to better assist with their needs."

Prior to joining the firm, Ms. Parkinson served as Law Clerk to the Honorable Ann Scott Timmer, Chief Judge of the Arizona Court of Appeals. She earned a J.D. from Arizona State University Sandra Day O'Connor College of Law and a B.A. from Arizona State University. While in law school, Parkinson was a Pedrick Scholar, President of the Federalist Society and a member of the Sandra Day O'Connor Inns of Court. She also completed over 100 hours of pro bono work through the Juvenile Legal Assistance Program. She currently resides in Scottsdale.

FASB Has Reissued its Accounting Standards Update

We previously advised our friends and clients about the Financial Accounting Standards Board (FASB) decision to withdraw the requirement that an employer contributing to a multi-employer pension plan must include the employer's share of the plan's unfunded liability on its financial statement. FASB has now reissued its Accounting Standards Update (No. 2011-09). Although employers will not have to include a calculation of their share of a plan's unfunded liability, they will have to include funding information about multi-employer pension plans to which they are obligated to contribute. Employers should work with their counsel to determine how to obtain that information from the plans. The new rule applies to all nongovernmental employers contributing to multi-employer pension plans. It is effective for fiscal years ending after December 15, 2011 for publicly held employers, and for fiscal years ending after December 15, 2012 for non-publicly held employers. The Accounting Standards Update can be found here.

Each case a business or individual may face is unique and may require legal advice. If you would like additional information regarding the content of this article, please contact the author, Keith Overholt, or the Chair of our Labor and Employment Department, John Egbert.

NRLB Requires Employers to Post Notice Regarding Employee's Rights to Join a Union

Effective November 14, 2011 virtually all employers which are not in the agricultural, railway or airline business will be required to post a notice advising their employees of their right to be represented by a labor union. If 20% or more of the employees speak a foreign language, the notice must be in the foreign language. It will be an unfair labor practice to fail to post the notice. Although the National Association of Manufacturers has filed a lawsuit in federal court in the District of Columbia to contest the NLRB's authority to require the notice, the regulation currently remains in effect. The notice can be obtained here and can be posted as one 11x7 notice or two 8x11 pages.

Each case a business or individual may face is unique and may require legal advice. If you would like additional information regarding the content of this article, please contact the author, Keith Overholt, or the Chair of our Labor and Employment Department, John Egbert.

Employers' Use of Independent Contractor Agreements Are Being Targeted

On September 19, 2011, the U.S.Department of Labor (DOL) announced that it has entered into a memorandum of understanding with the IRS which permits these two agencies to share information about employers' use of independent contractors. The DOL's press release is available here.

Some individual states have entered into similar arrangements with the DOL. It is becoming very clear that the issue of whether a worker is properly classified as an independent contractor is a high regulatory priority. Employers should exercise caution when classifying its workers as independent contractors. A determination that certain workers are really employees, and not independent contractors, can have very significant financial consequences for the employer. The list of factors the IRS uses to determine whether a worker should be classified as an employee or independent contractor is available here.

Each case a business or individual may face is unique and may require legal advice. If you would like additional information regarding the content of this article, please contact the author, John Egbert, or another member of our Labor & Employment Department .

Department of Labor Announced it Will Re-Propose its Rule on the Definition of Fiduciary

The Department of Labor announced today that it would "re-propose" its rule on the definition of a fiduciary with respect to providing investment advice to pension plan participants. The Department received 260 comments on its first proposed rule causing it to re-examine its effort to amend the existing 1975 regulation. The Department expects to issue its new proposed rule in early 2012.The announcement can be found here.

Each case a business or individual may face is unique and may require legal advice. If you would like additional information regarding the content of this article, please contact a member of our Labor and Employment Department.

26 Jennings Strouss Attorneys Recognized in the 2012 Edition of Best Lawyers in America®

PHOENIX, Ariz. (August 31, 2011) - Jennings, Strouss & Salmon, PLC announced that 26 of the firm's attorneys have been selected for inclusion in Best Lawyers in America® 2012 published by Woodward/White, Inc. of Aiken, South Carolina.

The Jennings Strouss attorneys who were selected for inclusion in the 2012 edition of Best Lawyers in America^® are:

• Gerald W. Alston - Arbitration, International Arbitration, Commercial Litigation, Construction Litigation, International Trade and Finance Law and Mediation
• John R. Christian - Tax Law and Trusts and Estates
• Frederick M. Cummings - Medical Malpractice Law, Personal Injury Litigation and Professional Malpractice Law
• Richard K. Delo - Legal Malpractice Law and Medical Malpractice Law
• John J. Egbert - Labor and Employment Law
• Lee E. Esch - Real Estate Law
• Jay A. Fradkin - Medical Malpractice Law and Personal Injury Litigation
• Joel L. Greene - Energy Law
• Carolyn J. Johnsen - Bankruptcy and Creditor-Debtor Rights/Insolvency and Reorganization Law and Bankruptcy Litigation
• Gary G. Keltner - Bankruptcy and Creditor-Debtor Rights/Insolvency and Reorganization Law, Bankruptcy Litigation, and Real Estate Law
• Richard L. Lassen - Trust and Estates
• Stephen E. Lee - Tax Law
• Richard Lieberman - Corporate Governance Law and Mergers & Acquisitions Law
• Bruce B. May - Real Estate Law
• Michael J. O'Connor - Commercial Litigation and Personal Injury Litigation
• Russell Rea - Eminent Domain and Condemnation Law
• J. Scott Rhodes - Administrative/Regulatory Law, Ethics and Professional Responsibility Law, and Legal Malpractice Law
• Alan I. Robbins - Energy Law
• Jack N. Rudel - Corporate Law
• John G. Sestak, Jr. - Administrative/Regulatory Law, Commercial Litigation, Banking & Finance Litigation, Construction Litigation, Labor and Employment Litigation, and Real Estate Litigation
• Wayne A. Smith - Real Estate Law
• Brian N. Spector - Bankruptcy and Creditor-Debtor Rights/Insolvency and Reorganization Law and Bankruptcy Litigation
• George C. Spilsbury - Public Finance Law
• Bradley J. Stevens - Bankruptcy and Creditor-Debtor Rights/Insolvency and Reorganization Law
• Kenneth C. Sundlof, Jr. - Energy Law
• Douglas G. Zimmerman - Eminent Domain and Condemnation Law

About Best Lawyers

Since its inception in 1983, Best Lawyers has become universally regarded as the definitive guide to legal excellence. Best Lawyers is based on exhaustive peer-review surveys in which more than 25,000 leading attorneys cast 3.1 million votes on the legal abilities of other lawyers in their specialties.

Jennings, Strouss & Salmon Expands Washington, D.C. Office

PHOENIX, Ariz. (August 30, 2011) - Jennings, Strouss & Salmon, PLC, a leading Phoenix-based law firm, is pleased to announce that Alan J. Rukin has joined the firm as an associate in the firm's Washington, D.C. office.

"We are excited to have Alan join our energy and corporate practice groups," stated Debra D. Roby, chair of the firm's energy department. "His background and enthusiasm will be a great asset to us as we continue to grow our practice. It is a pleasure to have him on our team."

As a member of the firm's Energy and Corporate, Securities and Finance departments, Rukin will utilize his engineering and legal background to enhance the services offered to clients.

"The Jennings Strouss tradition of excellence led me to join this team, along with the outstanding reputation of the attorneys who are part of the firm's national energy practice. I look forward to working alongside these professionals as we address critical issues in the traditional and alternative energy industries," stated Rukin.

Prior to attending law school, Rukin worked in the engineering operations division of a coal-fired generating station owned and operated by a rural electric cooperative. While earning his law degrees, he worked for a self regulatory organization in the securities industry and several positions within the federal government. Rukin also taught constitutional law and appellate arguments to high school students in the District of Columbia Public School System.

Rukin earned a J.D. from American University Washington College of Law, an LL.M. in Securities and Financial Regulation from Georgetown University Law Center, and a B.S. and M.E. in Civil Engineering from the University of Florida. He is admitted to practice in the District of Columbia and Florida, and is a member of the Energy Bar Association and the American Bar Association's Business Law and Environment, Energy and Resources Sections. Rukin currently resides in Arlington, VA.

Jennings Strouss Foundation Receives ICARECORPS Partnership Award

PHOENIX, Ariz. (August 23, 2011) - Jennings, Strouss & Salmon, PLC, a leading Phoenix-based law firm, is pleased to announce that the Jennings Strouss Foundation (JS Foundation) received the ICARECORPS Partnership Award from Gateway School for the 2010-2011 school year. The award was presented at the Creighton District Recognition Awards Celebration at Creighton School in Phoenix on Wednesday, August 17^th.

"We are very grateful and appreciative for the support of the Jennings Strouss Foundation. There are so many families who benefit from the generosity of firm and its employees," stated Nancy Uxa, principal of Gateway Elementary School. "Every donation they make goes a long way in helping our students have a brighter future."

Gateway School is a primary school in the Creighton School District, serving over 850 students in grades kindergarten through 8. Gateway has a 98 percent minority enrollment, with 90 percent of the students on the free or reduced fee lunch program.

"On behalf of the JS Foundation and the employees of Jennings Strouss, I am delighted to accept this award. We are pleased to partner with Gateway Elementary School and the Creighton School District on projects that benefit the students of Gateway. Our projects have brought much satisfaction to those in association with Jennings Strouss and we hope that our efforts have aided in the school's educational goals," said Janet B. Hutchison, JS Foundation President and an attorney in the Phoenix office of Jennings, Strouss & Salmon.

The JS Foundation was established to accommodate the desire many Jennings, Strouss & Salmon employees had to give back to the community. While many contribute their own personal resources to worthy causes, they felt that the need to make a more significant impact by as group to address issues in underserved communities. This goal was achieved through the formation of the foundation, which has maximized employees' efforts and allowed the firm to express its commitment to community through social responsibility and philanthropic causes.

The current focus of the JS Foundation is to meet the educational needs of disadvantaged individuals, adults and/or children, in the communities in which the firm operates. This goal is reached through the collective efforts - whether financial, in-kind donation, or volunteer work - of Jennings, Strouss & Salmon employees, families and friends.

The JS Foundation's mission is to not only serve the immediate needs of its beneficiaries, but to also pave the way towards a better future for all.

Salt River Project Icon Richard H. Silverman Joins Jennings, Strouss & Salmon

PHOENIX, Ariz. (August 22, 2011) - Jennings, Strouss & Salmon, PLC, a leading Phoenix-based law firm, is pleased to announce that Richard H. Silverman, former General Manager of Salt River Project (SRP), has joined the firm as Of Counsel.

"Dick's reputation and standing in Arizona and the national electric industry will enhance not only our energy practice, but our tradition of community involvement," said J. Scott Rhodes, Managing Attorney of Jennings, Strouss & Salmon.

Silverman began his career with SRP in 1966 as an attorney and, over the years, held various legal and managerial roles, including Associate General Manager of Law and Administrative Services. In 1994, Silverman was named General Manager of SRP. His many accomplishments include the 2011 President's Award, J.D. Power & Associates; 2011 Lifetime Achievement Award, the Agri-Business Council of Arizona; 2011 Lifetime Achievement Award, Most Admired Executives, Phoenix Business Journal; and the Whitney M. Young, Jr. Individual Award, Greater Phoenix Urban League.

"Having worked in the utility business my entire career, it seemed appropriate to associate with a firm enjoying a strong energy and utility practice, where knowledge and experience would be mutually beneficial," said Silverman, former general manager of Salt River Project. "For nearly seven decades, Jennings Strouss has demonstrated excellence and leadership in the legal field, and I am pleased to begin another career with such a respected firm."

Silverman is a well-recognized and respected professional in the energy industry, in Arizona and on a national level. He is past Chair of the board of directors for the Electric Power Research Institute; past Chair and former steering committee member of the Large Public Power Council; and former executive committee member of the board of directors for the American Public Power Association.

As Of Counsel at Jennings, Strouss & Salmon, Silverman will continue his active involvement with Arizona civic organizations and will also work closely with the firm's Washington, D.C.-based energy practice, which focuses on representing the business and regulatory needs of electric, natural gas, telecommunications and water utilities.

Silverman is active in a number of community organizations, including Greater Phoenix Leadership, the University of Arizona Foundation and the Translational Genomics Research Institute. He serves as Chair of the Governor's Arizona Medical Education Oversight Task Force and is a member of the Governor's Arizona Centennial Commission and Centennial Foundation.

He earned both his J.D. and B.S. in Business from the University of Arizona. Silverman currently resides in Phoenix with his wife Susan.