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By: Cameron Artigue
On March 22nd, 2022, the Arizona Supreme Court issued an opinion on Kalway v. Calabria Ranch HOA LLC et al. regarding the scope of permissible amendments to Covenants, Conditions and Restrictions (CC&Rs). The Court affirmed that principles of “notice” and “foreseeability” limit the scope of potential amendments to CC&Rs. A general provision for amendments (such as “these restrictions may be amended in whole or in part’) does not open the door to all possible amendments. Rather, amendments to CC&Rs are permitted only if they are foreseeable refinements to existing obligations.
The Court’s ruling only applies to amendments that impose “affirmative obligations” that create restrictions on use.
On March 8th, 2022, AZ Central published an opinion piece from G&B Founder Grady Gammage Jr. Among the topics discussed are the proposed Arizona Water Authority, the potential for desalination as a long-term augmentation project, and the lessons learned from his 2021 study “Return to Watering the Sun Corridor“.
Legal Alert: Supreme Court Issued Stay On OSHA ETS Vaccine Or Testing Mandate For Companies With 100 Or More Employees
On Thursday, January 13, 2022, the Supreme Court stayed the OSHA COVID-19 vaccination or testing mandate for employers with 100 or more employees. This relieves large employers of the legal obligation to require employees to be vaccinated against COVID-19 or provide weekly negative COVID-19 testing. Employers, however, should still ensure that they are taking appropriate steps to prevent or limit the spread of COVID-19 in the workplace.
The Supreme Court majority in NFIB v. OSHA focused on the fact that “OSHA is tasked with ensuring occupational safety” and enforcing standards “reasonably necessary or appropriate to provide safe or healthful employment.” The Court concluded that the vaccination or testing mandate exceeded OSHA’s authority to set standards for workplace safety, and amounted to a broad public safety measure.
Arizona’s minimum wage was increased by $0.65/hour to $12.80/hour effective January 1, 2022. This is an increase of approximately 5.3% from the $12.15/hour minimum wage in 2021, based on the rise in the Consumer Price Index from August 2020 to August 2021.
The new minimum rate for tipped employees was increased to $9.80 per hour.
The 2022 Minimum Wage Poster can be found at the Arizona Industrial Commission website here. https://www.azica.gov/labor-minimum-wage-main-page
Sixth Circuit Lifts Stay On OSHA ETS: Vaccine Or Testing Mandate Reinstated For Companies With 100 Or More Employees
On December 17, 2021, the Sixth Circuit Court of Appeals lifted the stay on the OSHA Emergency Temporary Standard (“ETS”) requiring that companies with 100 or more employees require either employees be vaccinated against COVID-19 or be tested weekly for COVID-19.
The states who filed lawsuits to oppose the ETS have filed an emergency appeal with the U.S. Supreme Court, which has discretion whether to hear it.
I. Deadlines for Compliance with OSHA’S ETS.
OSHA has stated that it is exercising its enforcement discretion and will not issue citations for noncompliance with any aspects of the COVID-19 ETS before January 10, 2022, and will not enforce the testing requirements before February 9, 2022, in order to provide employers with time to come into compliance, provided that the company is exercising reasonable, good-faith efforts to come into compliance with the ETS.
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