by / on behalf of the firm | Jul 1, 2021 | News
Governor Doug Ducey of Arizona signed a new bill into law, offering help to those with criminal records to get a chance at finding a job.
House Bill 2067 allows convicted criminals the chance to set aside the conviction and obtain a Certificate of Second Chance. This certificate will allow for a second chance at employment, obtaining occupational licenses, and even for housing approval.
What Is A Certificate of Second Chance
Even though a person is unable to erase their criminal record, convicted criminals who have fulfilled their sentence or parole can have the court set aside the conviction to receive a certificate.
This certificate will give those with a felony or misdemeanor a greater chance at employment.
Convicted criminals will get a chance to apply for a Certificate of Second Chance starting on August 27, 2021.
Limitations Are In Place
There are some limitations when it comes to who can apply for a Certificate of Second Chance.
Those who CAN apply for the certificate are those with misdemeanors or with Class 4, Class 5, or Class 6 felonies. Two years must have passed since completing their sentence, including parole and probation.
There are some excluded crimes. Those who have committed the following are unable to apply for a Certificate of Second Chance:
· Driving under a suspended license
· Criminal speeding
· Aggressive driving
· Crime involving a deadly weapon
· Any sexual offenses, including those with victims under the age of 15
Obtaining A Certificate of Second Chance
For those who obtain a Certificate of Second Chance, still need to admit to any convictions when asked by an employer. All employers will be able to find that a person was issued a certificate through criminal background checks.
To successfully receive a Certificate of Second Chance, some factors are considered such as:
· Nature of the offense
· Compliance of the applicant
· The age of the applicant at the time of conviction
If you are interested in learning more about a Certificate of Second Chance, speak with our team to learn how we can assist you with the process.
by / on behalf of the firm | Jan 11, 2021 | News
The recent election in Arizona passed Proposition 207, legalizing marijuana across the state. So, what does this mean for employers and employees across the state of Arizona?
The proposition allows the possession and sales of marijuana, but just like before, workers are not allowed to use the substance while at work. And even though it is legal to use, many employers may still prohibit the use.
Marijuana and the Workplace
Even though Proposition 207 was passed, employees may still require a pre-employment drug test and can decline to hire anyone who fails, with the exception of those with a medical marijuana card. Simply put, the proposition doesn’t restrict employers from enforcing drug-free restrictions at work.
Employment in Arizona
Arizona is home to at-will employment, which means an employee takes what they get from an employer, or they can leave the job. The law has little to say about the relationships between employees and employers.
Of course, an employer can’t decline a job to anyone over race, sex, gender, or religion. However, an employer can terminate or not hire someone over the use of recreational marijuana. The only exception is if the employee holds a medical marijuana card.
However, employers still are allowed to prohibit the use of marijuana on the job site, regardless of medical status.
Medical Marijuana
Not all companies allow medical marijuana use for their employees however. A company that is a federal contractor or has “safety-sensitive” jobs can declare that employees cannot hold a medical marijuana card. “Safety-sensitive” jobs include commercial driving and dealing with heavy machinery.
Proposition 207 has no impact on the Medical Marijuana Act that was passed in 2010. However, it is smart to always disclose to your employer that you hold a medical marijuana card by providing clear documentation.
Hernandez Law Firm
If you are an employer or employee and have any questions or concerns surrounding employment law in Arizona, Hernandez Law Firm’s team can provide the advice you need to fully understand employment law. Employment law issues are timely matters and may need attention immediately. It is best to get the legal advice you need as quickly as possible.
by / on behalf of the firm | May 18, 2018 | Employment Law, News
It still isn’t quite official, but some states are looking to be granted more rights when it comes to drug testing for unemployment benefits and pay.
New Law
Under current law, drug testing for unemployment compensation is conducted under two circumstances. If someone loses employment due to illegal drugs or worked in an occupation where they had to get regular drug testing. However, under the new Trump administration, they are hoping to make changes and give the states more power to administer drug testing for unemployment pay and benefits.
Arguments
The current administration feels that the regulations in place are not good enough and actually don’t address their key concerns. One of those concerns is that many pass through the initial screening of job applications, but go on to fail the drug tests and then end up applying for unemployment pay, without having to pass a drug test. The argument from the other side is that it is unconstitutional and could actually cost more for the state to drug test all trying to collect unemployment pay. Plus, they say in the end, it won’t help with poverty or the unemployment rate.
Conclusion
As of right now, all states already disqualify those from unemployment compensation if they have lost their job due to a failed drug test. Mississippi, Texas and Wisconsin already have laws in place where they can drug test those applying for unemployment pay, but none of them have implemented it yet. With the new laws looking to come into effect giving states more rights, then many more states could jump on board and start drug testing for unemployment pay and benefits.
Photo by rawpexels.
by / on behalf of the firm | Apr 15, 2017 | Labor Law, News
Employees in the state of Arizona are eligible for unpaid leave for health and caregiving reasons under the federal Family and Medical Leave Act (FMLA). This act allows employees who qualify to take up to 12 work weeks in 12 months leave. This can be renewed every 12 months if qualifications are continued to be met. FMLA can be taken for reasons such as caring for a sick family member, caring for your own illness or even bonding with a new child. Many families benefit from this greatly.
Who Is Covered By FMLA?
Federal law requires all employers who have 50 or more employees to offer FMLA. In order to be covered by FMLA you must also qualify under the following circumstances:
- You must have had worked for the company for at least a year.
- Your employer must have at least 50 employees that work at locations within a 75-mile radius.
- You must have had worked at least 1,250 hours in the previous year.
What Are Circumstances That Qualify For FMLA?
FMLA is only provided to employees who meet certain qualifications. The following are reasons you can get FMLA:
- If you need to care for a spouse, son, daughter, or parent with a serious health condition.
- If you recently gave birth to a child.
- If you have a newly adopted or foster child.
- If you have a serious health condition that requires you to take medical leave from work.
- If you have qualifying exigencies because your spouse, son, daughter, or parent is on active duty or is called to active duty as a member of the National Guard or Reserves for a military operation.
How Do I Give Notification That I Need FMLA?
In the best circumstances you should be able to tell your employer 30 days before you need to take leave, although in some emergency situations that may not be possible. Tell your manager or HR department as soon as possible in all cases. Your employer will review your FMLA policy and you will be required to fill out some paperwork.
What Happens When I Return To My Job?
When you return from your leave, your employer is required to give you that same or similar job back with the same salary and benefits.
by / on behalf of the firm | Jan 20, 2016 | Age Discrimination, Labor Law, News, Race Discrimination, Workplace Discrimination
An air-traffic management graduate from ASU is suing the FAA for alleged discrimination that he says prevented him from being hired.
The graduate, Brigida, says the FAA’s new mission to add diversity to the staff prevented him from getting the job that he would have been given in other instances.
According to the FAA-partnered Collegiate Initiative, as an ASU air-traffic management graduate with soaring AT-SAT scores, came highly recommended and was basically guaranteed a job with the FAA. However, during the typical process of taking the AT-SAT scores, submitting them, and applying for the job, he was told he needed to start the process over again, throwing out his previous AT-SAT scores.
The new AT-SAT tests included biographical questions about the test-takers. This is the beginning of where Brigida says the discrimination started. He also said the FAA was making it known through several different documents they were trying to gain more diversity within their staff. Because he is in the race majority, not minority, Brigida, says he was denied the job as he didn’t add to the diversity.
In these types of cases, there needs to be hard proof of the discrimination. One cannot prosecute a case based on what they believe happened. As experienced discrimination attorneys, we know what kind of proof you need in the court. If you feel you have been discriminated against in the workplace, give us a call for a consultation.
Read the full article here
by / on behalf of the firm | Mar 25, 2015 | News
They look intimidating and tough with their tattoos, leather clothes, and motorcycles. And that is the point exactly.
The motorcycle club Bikers Against Child Abuse (BACA) has made it their mission to protect children who have been abused. The group works with law enforcement and state agencies to protect abused children. BACA’s goal is to help the children feel empowered and safe. Jacksonville-area BACA chapter president “Chops” says, “We’re not speakers for the children, and we’re not counselors. We’re more like rocks of emotion for them. And we let them know that, while we’re around, nobody’s going to mess with them.”
When an abused child still feels unsafe in his or her current environment, the group may is contacted by a law enforcement official or other referring agency. BACA then visits the family, bringing the child a BACA vest and patch to welcome the child into the motorcycle club as a new BACA member. BACA spokesperson “Hoss” says the group will “do whatever we have to do to make this family feel safe, and we will do whatever we have to do” to protect the child. BACA does not condone the use of violence or aggression, but they will not hesitate to protect a fellow BACA member from someone wishing to inflict harm.
One way BACA protects children is by providing a physical presence. The members make a big show of cruising around the child’s neighborhood, as well as standing guard in the driveway. BACA has stepped up to the challenge once again, this time to protect a girl that was allegedly molested by Johnell Carter, a man who recently escaped from authorities and is on the loose. The Silicon Valley chapter of BACA is providing 24/7 security at the girl’s home.
Read original article here.
