November 2020 Arizona HR Legal Updates

Arizona Voters Legalize Recreational Marijuana Usage

What happened?
The voters in Arizona have passed Proposition 207, the Smart and Safe Arizona Act, which legalizes the possession and use of marijuana by adults age 21 and over for recreational or non-medicinal use.

What are the details?
Proposition 207 includes language allowing employers to maintain drug-free workplace policies. However, employers should be mindful of the existing protections that are still applicable to employees who use medicinal marijuana. Specifically, employers may not discriminate against any person who uses marijuana for medical reasons as permitted by state law because of “positive drug test for marijuana components or metabolites, unless the used, possessed or was impaired on the premises of the place of employment during the hours of employment.”

Employers are not required to “allow or accommodate the use, consumption, possession, transfer, display, transportation, sales or cultivation of marijuana in a place of employment. “Additionally, the Prop. bars any operation of vehicles, boats, or planes while impaired by marijuana in any way.

An article going over the Proposition in more detail can be found here.

What do employers need to do?
Employers with employees in Arizona may need to communicate their workplace policies to their employees to reinforce the employer’s expectation of employee conduct.

July 2020 Arizona HR Legal Update

Arizona Issues Executive Order Limiting Restaurant Capacity

What happened?
Arizona Governor Doug Ducey has issued Executive Order 2020-47 mandating that restaurants with indoor seating to operate at less than 50% capacity.

What are the details?
Executive Order 2020-47 places multiple new standards onto restaurants. Effective on July 11, 2020, restaurants will need to limit 50% of indoor dining, maintain six feet of separation between parties in all directions, erect barriers (glass or plexiglass) between tables, booths, and bar tops, as well as eliminate indoor standing rooms where customers could otherwise gather. Though not required, the state is

encouraging restaurants to move to a reservation system to help reduce the amount of customers congregating in waiting areas.

County and health departments will have the authority to enforce the executive order. Violations of the executive order can result in the immediate closure of the business. Local law enforcement and the Department of Liquor Licenses and Control also have the authority to suspend business licenses.

The executive order can be found here, via download.

What do employers need to do?
Restaurants in Arizona should immediately change any policies needed to come into compliance with the new guidelines.

June 2020 Arizona HR Legal Updates

Arizona Implements Enhanced COVID-19 Mitigation Measures

What happened?
Governor Doug Ducey issued Executive Order 2020-40, placing new requirements on businesses related to COVID-19 spread prevention.

What are the details?
On June 17, 2020, Governor Ducey announced that guidelines from a previous executive order (2020-36) would now be required. The law requires basic precautions be taken from each business and include:

  • Ensure physical distance for all employees
  • Providing facemasks for all employees
  • Requiring usage of facemasks where physical distancing is not possible
  • Requiring symptom checks of employees before their shift
  • Requiring that sick employees stay home
  • Creating policies in the workplace to promote increased employee hygiene
  • Increased frequency of cleaning and disinfecting of the workplace For a more detailed breakdown of each requirement, please click here.

For more information on Executive Order 2020-40 and Executive Order 2020-36, please use the following links: EE2020-40, EE2020-36

What do employers need to do?
Employers should review the new required guidelines and update any policies that do not fit with the guidelines provided in EE2020-36. Look to purchase facemasks for employees who are required to use them.