Farhang & Medcoff

Farhang & Medcoff

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Farhang & Medcoff proudly honors the men and women who have placed service above self in defense of our nation.
UPDATE: OSHA COVID-19 Vaccine Mandate for Private Employers Temporarily Blocked and New Arizona Guidance:

Last Thursday, November 4th, the U.S. Occupational Safety and Health Administration (OSHA) announced a new COVID-19 vaccine mandate rule ("Rule") for private employers with 100 or more employees ("Large Employers"). This Rule, which requires Large Employers to mandate their workforce receive either a COVID-19 vaccine or weekly COVID tests, was scheduled to take effect on Friday, November 5th. The Rule also notified employers of imminent OSHA fines for non-compliance.

This past weekend, the U.S. 5th Circuit Court of Appeals in New Orleans ("Court") granted a temporary stay to block the Rule's enforcement. The Court cited concerns over "grave statutory and constitutional issues" requiring further legal review and has ordered the Biden Administration to file an initial response by today, Monday, November 8th at 5:00 PM CST. This Stay arises after several states and many private employers filed lawsuits challenging OSHA's authority to intervene with private-sector workplace healthcare. This Stay only temporarily blocks enforcement of the Rule pending briefings and arguments, but several challengers have requested that the Court permanently block enforcement of the Rule by issuing an injunction.

Meanwhile, the Arizona Industrial Commission issued a press release advising that OSHA’s new Rule is not immediately binding on Arizona employers. Because Arizona has its own OSHA-approved state plans, it retains exclusive responsibility to develop and enforce occupational safety and health standards in Arizona. As such, the Industrial Commission will decide very soon (i.e., approximately 30 days), and in accordance with federal rules requiring Arizona’s safety and health standards to be just as effective as OSHA’s, the details on the rule that will ultimately apply in Arizona.

The net effect is employers are confused and left wondering what to do. If you fall into this category, the attorneys at Farhang & Medcoff are here to help. Rest assured, we are monitoring the situation, and we will remain informed and available to assist you now and in the future as more guidance on this Rule becomes available.

To read the actual text of the Stay, click the button below:

https://www.ca5.uscourts.gov/opinions/unpub/21/21-60845.0.pdf

To read the Arizona Industrial Commission Press Release, click the button below:

https://www.azica.gov/sites/default/files/ETS%20Statement.pdf

This writing is for informational purposes only and does not constitute legal advice. No attorney-client relationship is formed by the dissemination of this writing.
Last night, Tucson Values Teachers held their annual #StandUp4Teachers event to celebrate Pima County's education champions and to honor several exceptional teachers. Farhang & Medcoff has committed to leading and investing in our community since we first opened our doors in 2008. Our team consistently dedicates time and energy to causes close to our hearts in the hopes of encouraging positive, lasting innovations in Southern Arizona. But we know that the cornerstone of a healthy community is a strong team of teachers and educators supported by businesses that value the critical impact of the teaching profession. Our Co-Managing Partner, Timothy Medcoff, is proud to #StandUp4Teachers in support of our community's most valuable leaders. Thank you, teachers and educators, for all of your hard work and dedication! We really appreciate you!
New OSHA Vaccine Rule Mandates COVID-19 Vaccines or Testing for Private Employers:

This morning, the Occupational Safety and Health Administration (OSHA) announced a new COVID-19 vaccine rule (“Rule”) for private employers with 100 or more employees (“Large Employers”). The Rule will take effect tomorrow, Friday, November 5th with an enforcement deadline of Sunday, December 5th. The Rule requires all Large Employers to mandate their workforce receive either a full COVID-19 vaccine or weekly COVID-19 tests.

The Rule also stipulates that:
•Unvaccinated workers must either be fully vaccinated, or must
provide weekly negative COVID-19 tests, as a condition of
employment beginning January 4, 2022; and
•Large Employers must implement a compliance program, offer
paid time off to receive and recover from receiving a COVID-
19 vaccine, and require unvaccinated workers to wear masks in
the workplace by December 5th; but
•Large Employers are not required to fund or provide weekly
COVID-19 tests for unvaccinated workers unless local
jurisdictions require otherwise.

Employers who do not enforce this Rule after the December 5th deadline may face fines of roughly $14,000 for each citation issued by OSHA. Employers who willfully ignore this Rule after the deadline may face steep fines as high as nearly $137,000. Pending legislative approval, the Build Back Better plan would raise these fines to $70,000 per citation and up to $700,000 for employers who willfully ignore the Rule. Employers who are cited or fined may file an appeal with the OSHA Review Commission or attempt to reach a settlement for a lower penalty within six months of the initial citation.

Employers must act NOW to establish and implement a plan to enforce and comply with this new Rule. If you are an employer and have questions about how this Rule may affect your business, the attorneys at Farhang & Medcoff are here to help.

Some exceptions to this Rule may apply to employers of contracted or remote employees. More information is available at the link below:

https://www.federalregister.gov/public-inspection/2021-23643/covid-19-vaccination-and-testing-emergency-temporary-standard

This writing is for informational purposes only and does not constitute legal advice. No attorney-client relationship is formed by the dissemination of this writing.
Department of Labor Finalizes Dual Job Tipping Regulations:

The U.S. Department of Labor (DOL) has established that an employer may take a tip credit from a tipped employee’s earnings only when that tipped employee:

1) performs work that directly produces tips;
2) performs work that directly supports, but does not produce, tips
for less than 20% of the total hours of that employee’s
workweek; or
3) performs work that directly supports, but does not produce, tips
for less than thirty (30) minutes of their shift.

Employers may not take a tip credit when tipped employees perform work that directly supports, but does not produce, tips for more than 20% of that employee’s total workweek, or for longer than thirty (30) minutes of that employee’s shift. Per the DOL’s Wage and Hour Division, this new guidance attempts to enhance protections for tipped workers of whom more than half are minorities, women, and immigrants.

If you are an employer and have questions about the impact this update may have on your business, the attorneys at Farhang & Medcoff are here to help.

This writing is for informational purposes only and does not constitute legal advice. No attorney-client relationship is formed by the dissemination of this writing.
Employers May Soon Require Unvaccinated Employees to Fund Their Own COVID Tests:

The Biden Administration will release its much-anticipated vaccine rule for private employers soon. Business owners with 100+ employees must plan ahead; this new rule will require all employees to get vaccinated and tested weekly. The new rule is also expected to give employers the ability to require non-exempt, unvaccinated employees to pay for their own weekly COVID tests.

Over the past year, private and public employers have both offered significant incentives to encourage employees to get the COVID-19 vaccine. As the pandemic slowly declines and workplace vaccination rates continue to increase, incentives are likely to be replaced with ultimatums for employees who refuse a COVID-19 vaccination without a religious exemption or medical accommodation under the Americans with Disabilities Act.

Moreover, under this new rule, unvaccinated workers and workers who have not received a full dose of a COVID-19 vaccine will be required to wear masks while closely interacting with their co-workers indoors.

The attorneys at Farhang & Medcoff know it is difficult to keep up with ever-changing COVID-19 vaccine guidance. If you are an employer and have questions about how this policy change may affect your business or employees, your trusted legal advisors are here to help.

More details will be made available once the Occupational Safety and Health Administration-developed rule is published in the Federal Register.

This writing is for informational purposes only and does not constitute legal advice. No attorney-client relationship is formed by the dissemination of this writing.

Farhang & Medcoff is a minority owned, full service law firm committed to leading and investing in our community. Ali Farhang and Tim Medcoff founded this firm on the ideal of providing exceptional legal service through the creation of a dynamic and deliberate firm culture.

Since its inception in 2008 Farhang & Medcoff has experienced tremendous growth and success, which continues, because of our commitment to three important principles: (1) strong interpersonal relationships with our clients; (2) working cohesively as a team; and (3) always striving to grow and improve. Farhang & Medcoff has grown into a full service law firm with offices in both Tucson and Phoenix

Operating as usual

11/11/2021

Farhang & Medcoff proudly honors the men and women who have placed service above self in defense of our nation.

Farhang & Medcoff proudly honors the men and women who have placed service above self in defense of our nation.

11/08/2021

UPDATE: OSHA COVID-19 Vaccine Mandate for Private Employers Temporarily Blocked and New Arizona Guidance:

Last Thursday, November 4th, the U.S. Occupational Safety and Health Administration (OSHA) announced a new COVID-19 vaccine mandate rule ("Rule") for private employers with 100 or more employees ("Large Employers"). This Rule, which requires Large Employers to mandate their workforce receive either a COVID-19 vaccine or weekly COVID tests, was scheduled to take effect on Friday, November 5th. The Rule also notified employers of imminent OSHA fines for non-compliance.

This past weekend, the U.S. 5th Circuit Court of Appeals in New Orleans ("Court") granted a temporary stay to block the Rule's enforcement. The Court cited concerns over "grave statutory and constitutional issues" requiring further legal review and has ordered the Biden Administration to file an initial response by today, Monday, November 8th at 5:00 PM CST. This Stay arises after several states and many private employers filed lawsuits challenging OSHA's authority to intervene with private-sector workplace healthcare. This Stay only temporarily blocks enforcement of the Rule pending briefings and arguments, but several challengers have requested that the Court permanently block enforcement of the Rule by issuing an injunction.

Meanwhile, the Arizona Industrial Commission issued a press release advising that OSHA’s new Rule is not immediately binding on Arizona employers. Because Arizona has its own OSHA-approved state plans, it retains exclusive responsibility to develop and enforce occupational safety and health standards in Arizona. As such, the Industrial Commission will decide very soon (i.e., approximately 30 days), and in accordance with federal rules requiring Arizona’s safety and health standards to be just as effective as OSHA’s, the details on the rule that will ultimately apply in Arizona.

The net effect is employers are confused and left wondering what to do. If you fall into this category, the attorneys at Farhang & Medcoff are here to help. Rest assured, we are monitoring the situation, and we will remain informed and available to assist you now and in the future as more guidance on this Rule becomes available.

To read the actual text of the Stay, click the button below:

https://www.ca5.uscourts.gov/opinions/unpub/21/21-60845.0.pdf

To read the Arizona Industrial Commission Press Release, click the button below:

https://www.azica.gov/sites/default/files/ETS%20Statement.pdf

This writing is for informational purposes only and does not constitute legal advice. No attorney-client relationship is formed by the dissemination of this writing.

UPDATE: OSHA COVID-19 Vaccine Mandate for Private Employers Temporarily Blocked and New Arizona Guidance:

Last Thursday, November 4th, the U.S. Occupational Safety and Health Administration (OSHA) announced a new COVID-19 vaccine mandate rule ("Rule") for private employers with 100 or more employees ("Large Employers"). This Rule, which requires Large Employers to mandate their workforce receive either a COVID-19 vaccine or weekly COVID tests, was scheduled to take effect on Friday, November 5th. The Rule also notified employers of imminent OSHA fines for non-compliance.

This past weekend, the U.S. 5th Circuit Court of Appeals in New Orleans ("Court") granted a temporary stay to block the Rule's enforcement. The Court cited concerns over "grave statutory and constitutional issues" requiring further legal review and has ordered the Biden Administration to file an initial response by today, Monday, November 8th at 5:00 PM CST. This Stay arises after several states and many private employers filed lawsuits challenging OSHA's authority to intervene with private-sector workplace healthcare. This Stay only temporarily blocks enforcement of the Rule pending briefings and arguments, but several challengers have requested that the Court permanently block enforcement of the Rule by issuing an injunction.

Meanwhile, the Arizona Industrial Commission issued a press release advising that OSHA’s new Rule is not immediately binding on Arizona employers. Because Arizona has its own OSHA-approved state plans, it retains exclusive responsibility to develop and enforce occupational safety and health standards in Arizona. As such, the Industrial Commission will decide very soon (i.e., approximately 30 days), and in accordance with federal rules requiring Arizona’s safety and health standards to be just as effective as OSHA’s, the details on the rule that will ultimately apply in Arizona.

The net effect is employers are confused and left wondering what to do. If you fall into this category, the attorneys at Farhang & Medcoff are here to help. Rest assured, we are monitoring the situation, and we will remain informed and available to assist you now and in the future as more guidance on this Rule becomes available.

To read the actual text of the Stay, click the button below:

https://www.ca5.uscourts.gov/opinions/unpub/21/21-60845.0.pdf

To read the Arizona Industrial Commission Press Release, click the button below:

https://www.azica.gov/sites/default/files/ETS%20Statement.pdf

This writing is for informational purposes only and does not constitute legal advice. No attorney-client relationship is formed by the dissemination of this writing.

11/04/2021

Last night, Tucson Values Teachers held their annual #StandUp4Teachers event to celebrate Pima County's education champions and to honor several exceptional teachers. Farhang & Medcoff has committed to leading and investing in our community since we first opened our doors in 2008. Our team consistently dedicates time and energy to causes close to our hearts in the hopes of encouraging positive, lasting innovations in Southern Arizona. But we know that the cornerstone of a healthy community is a strong team of teachers and educators supported by businesses that value the critical impact of the teaching profession. Our Co-Managing Partner, Timothy Medcoff, is proud to #StandUp4Teachers in support of our community's most valuable leaders. Thank you, teachers and educators, for all of your hard work and dedication! We really appreciate you!

Last night, Tucson Values Teachers held their annual #StandUp4Teachers event to celebrate Pima County's education champions and to honor several exceptional teachers. Farhang & Medcoff has committed to leading and investing in our community since we first opened our doors in 2008. Our team consistently dedicates time and energy to causes close to our hearts in the hopes of encouraging positive, lasting innovations in Southern Arizona. But we know that the cornerstone of a healthy community is a strong team of teachers and educators supported by businesses that value the critical impact of the teaching profession. Our Co-Managing Partner, Timothy Medcoff, is proud to #StandUp4Teachers in support of our community's most valuable leaders. Thank you, teachers and educators, for all of your hard work and dedication! We really appreciate you!

11/04/2021

New OSHA Vaccine Rule Mandates COVID-19 Vaccines or Testing for Private Employers:

This morning, the Occupational Safety and Health Administration (OSHA) announced a new COVID-19 vaccine rule (“Rule”) for private employers with 100 or more employees (“Large Employers”). The Rule will take effect tomorrow, Friday, November 5th with an enforcement deadline of Sunday, December 5th. The Rule requires all Large Employers to mandate their workforce receive either a full COVID-19 vaccine or weekly COVID-19 tests.

The Rule also stipulates that:
•Unvaccinated workers must either be fully vaccinated, or must
provide weekly negative COVID-19 tests, as a condition of
employment beginning January 4, 2022; and
•Large Employers must implement a compliance program, offer
paid time off to receive and recover from receiving a COVID-
19 vaccine, and require unvaccinated workers to wear masks in
the workplace by December 5th; but
•Large Employers are not required to fund or provide weekly
COVID-19 tests for unvaccinated workers unless local
jurisdictions require otherwise.

Employers who do not enforce this Rule after the December 5th deadline may face fines of roughly $14,000 for each citation issued by OSHA. Employers who willfully ignore this Rule after the deadline may face steep fines as high as nearly $137,000. Pending legislative approval, the Build Back Better plan would raise these fines to $70,000 per citation and up to $700,000 for employers who willfully ignore the Rule. Employers who are cited or fined may file an appeal with the OSHA Review Commission or attempt to reach a settlement for a lower penalty within six months of the initial citation.

Employers must act NOW to establish and implement a plan to enforce and comply with this new Rule. If you are an employer and have questions about how this Rule may affect your business, the attorneys at Farhang & Medcoff are here to help.

Some exceptions to this Rule may apply to employers of contracted or remote employees. More information is available at the link below:

https://www.federalregister.gov/public-inspection/2021-23643/covid-19-vaccination-and-testing-emergency-temporary-standard

This writing is for informational purposes only and does not constitute legal advice. No attorney-client relationship is formed by the dissemination of this writing.

New OSHA Vaccine Rule Mandates COVID-19 Vaccines or Testing for Private Employers:

This morning, the Occupational Safety and Health Administration (OSHA) announced a new COVID-19 vaccine rule (“Rule”) for private employers with 100 or more employees (“Large Employers”). The Rule will take effect tomorrow, Friday, November 5th with an enforcement deadline of Sunday, December 5th. The Rule requires all Large Employers to mandate their workforce receive either a full COVID-19 vaccine or weekly COVID-19 tests.

The Rule also stipulates that:
•Unvaccinated workers must either be fully vaccinated, or must
provide weekly negative COVID-19 tests, as a condition of
employment beginning January 4, 2022; and
•Large Employers must implement a compliance program, offer
paid time off to receive and recover from receiving a COVID-
19 vaccine, and require unvaccinated workers to wear masks in
the workplace by December 5th; but
•Large Employers are not required to fund or provide weekly
COVID-19 tests for unvaccinated workers unless local
jurisdictions require otherwise.

Employers who do not enforce this Rule after the December 5th deadline may face fines of roughly $14,000 for each citation issued by OSHA. Employers who willfully ignore this Rule after the deadline may face steep fines as high as nearly $137,000. Pending legislative approval, the Build Back Better plan would raise these fines to $70,000 per citation and up to $700,000 for employers who willfully ignore the Rule. Employers who are cited or fined may file an appeal with the OSHA Review Commission or attempt to reach a settlement for a lower penalty within six months of the initial citation.

Employers must act NOW to establish and implement a plan to enforce and comply with this new Rule. If you are an employer and have questions about how this Rule may affect your business, the attorneys at Farhang & Medcoff are here to help.

Some exceptions to this Rule may apply to employers of contracted or remote employees. More information is available at the link below:

https://www.federalregister.gov/public-inspection/2021-23643/covid-19-vaccination-and-testing-emergency-temporary-standard

This writing is for informational purposes only and does not constitute legal advice. No attorney-client relationship is formed by the dissemination of this writing.

10/29/2021

Department of Labor Finalizes Dual Job Tipping Regulations:

The U.S. Department of Labor (DOL) has established that an employer may take a tip credit from a tipped employee’s earnings only when that tipped employee:

1) performs work that directly produces tips;
2) performs work that directly supports, but does not produce, tips
for less than 20% of the total hours of that employee’s
workweek; or
3) performs work that directly supports, but does not produce, tips
for less than thirty (30) minutes of their shift.

Employers may not take a tip credit when tipped employees perform work that directly supports, but does not produce, tips for more than 20% of that employee’s total workweek, or for longer than thirty (30) minutes of that employee’s shift. Per the DOL’s Wage and Hour Division, this new guidance attempts to enhance protections for tipped workers of whom more than half are minorities, women, and immigrants.

If you are an employer and have questions about the impact this update may have on your business, the attorneys at Farhang & Medcoff are here to help.

This writing is for informational purposes only and does not constitute legal advice. No attorney-client relationship is formed by the dissemination of this writing.

Department of Labor Finalizes Dual Job Tipping Regulations:

The U.S. Department of Labor (DOL) has established that an employer may take a tip credit from a tipped employee’s earnings only when that tipped employee:

1) performs work that directly produces tips;
2) performs work that directly supports, but does not produce, tips
for less than 20% of the total hours of that employee’s
workweek; or
3) performs work that directly supports, but does not produce, tips
for less than thirty (30) minutes of their shift.

Employers may not take a tip credit when tipped employees perform work that directly supports, but does not produce, tips for more than 20% of that employee’s total workweek, or for longer than thirty (30) minutes of that employee’s shift. Per the DOL’s Wage and Hour Division, this new guidance attempts to enhance protections for tipped workers of whom more than half are minorities, women, and immigrants.

If you are an employer and have questions about the impact this update may have on your business, the attorneys at Farhang & Medcoff are here to help.

This writing is for informational purposes only and does not constitute legal advice. No attorney-client relationship is formed by the dissemination of this writing.

10/29/2021

Employers May Soon Require Unvaccinated Employees to Fund Their Own COVID Tests:

The Biden Administration will release its much-anticipated vaccine rule for private employers soon. Business owners with 100+ employees must plan ahead; this new rule will require all employees to get vaccinated and tested weekly. The new rule is also expected to give employers the ability to require non-exempt, unvaccinated employees to pay for their own weekly COVID tests.

Over the past year, private and public employers have both offered significant incentives to encourage employees to get the COVID-19 vaccine. As the pandemic slowly declines and workplace vaccination rates continue to increase, incentives are likely to be replaced with ultimatums for employees who refuse a COVID-19 vaccination without a religious exemption or medical accommodation under the Americans with Disabilities Act.

Moreover, under this new rule, unvaccinated workers and workers who have not received a full dose of a COVID-19 vaccine will be required to wear masks while closely interacting with their co-workers indoors.

The attorneys at Farhang & Medcoff know it is difficult to keep up with ever-changing COVID-19 vaccine guidance. If you are an employer and have questions about how this policy change may affect your business or employees, your trusted legal advisors are here to help.

More details will be made available once the Occupational Safety and Health Administration-developed rule is published in the Federal Register.

This writing is for informational purposes only and does not constitute legal advice. No attorney-client relationship is formed by the dissemination of this writing.

Employers May Soon Require Unvaccinated Employees to Fund Their Own COVID Tests:

The Biden Administration will release its much-anticipated vaccine rule for private employers soon. Business owners with 100+ employees must plan ahead; this new rule will require all employees to get vaccinated and tested weekly. The new rule is also expected to give employers the ability to require non-exempt, unvaccinated employees to pay for their own weekly COVID tests.

Over the past year, private and public employers have both offered significant incentives to encourage employees to get the COVID-19 vaccine. As the pandemic slowly declines and workplace vaccination rates continue to increase, incentives are likely to be replaced with ultimatums for employees who refuse a COVID-19 vaccination without a religious exemption or medical accommodation under the Americans with Disabilities Act.

Moreover, under this new rule, unvaccinated workers and workers who have not received a full dose of a COVID-19 vaccine will be required to wear masks while closely interacting with their co-workers indoors.

The attorneys at Farhang & Medcoff know it is difficult to keep up with ever-changing COVID-19 vaccine guidance. If you are an employer and have questions about how this policy change may affect your business or employees, your trusted legal advisors are here to help.

More details will be made available once the Occupational Safety and Health Administration-developed rule is published in the Federal Register.

This writing is for informational purposes only and does not constitute legal advice. No attorney-client relationship is formed by the dissemination of this writing.

Farhang & Medcoff

In compliance with Ariz. E.R. 7.1, Timothy M. Medcoff is responsible for the content of this webpage. Mr. Medcoff's address is 4801 E. Broadway Boulevard, Suite 311, Tucson, Arizona 85711.

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