Criminal Sentencing


Art With Conviction logo

This Friday an art opening occurs in downtown Phoenix that displays the work of artists who are convicted felons. Art with Conviction is holding its first-ever Phoenix show at {9} The Gallery (1229 Grand Ave., Phoenix, AZ 85007).

One of the works to be displayed at the Art with Conviction show at 9 The Gallery, Aug. 28, 2015.

One of the works to be displayed at the Art with Conviction show at 9 The Gallery, Aug. 28, 2015.

Art with Conviction invites people for the event on August 28, which it describes as “a special evening celebrating humanity and the creative spirit of convicted felons, from 6 to 10 pm and August 29 during the gallery’s regular business hours (12 to 5 pm).”

Here is how the organization describes itself:

“Art With Conviction is a community project whose purpose is to allow people who have been labeled as ‘convicted felons’ to demonstrate to the community that they are more than just a criminal conviction. Instead, through their expression of passion and talent in their artwork, they can be viewed as being a contribution to our society, separate form their past. Art With Conviction was born out of a sense that a felony conviction should not mean a lifetime of stigmatization and harsh judgment as it so often does for so many people. The stigmatization too often results in challenges that are very difficult to overcome no matter how much good work an ex-offender puts between him/herself and the crime.”

You can read more about the event here and about the organization here.

I have written before about the power of art within correctional institutions, whether displayed at a Boston museum, via a university prison education-awareness club, or even by way of a convicted man’s imagining a different home.

If you are able to attend the opening at {9} The Gallery and send me your reactions, I’d appreciate it! Write to me at arizona.attorney@azbar.org.

Harper Lee's "Go Set a Watchman" may be informative reading in a presidential election year.

Harper Lee’s “Go Set a Watchman” may be informative reading in a presidential election year.

I haven’t read the “new” book by Harper Lee titled “Go Set a Watchman.” Should I? Have you? Will you?

If the author’s name doesn’t ring bells, her more prominent book’s title may, for “To Kill a Mockingbird” has moved generations of readers and led to a fabulously successful movie version. (Though it took me quite a while to get around to reading it, as I described here.) The film was impactful enough that the State Bar of Arizona screened it for a fund-raising evening a few years ago.

Maybe the power of “Mockingbird” is most clearly viewed through the upset people have over the possibility of a newly released book that includes the character Atticus Finch. Simply put, they love that character, and anything that sullies or even complicates their view of the lawyer who does good, best as he can, is not something they want to engage with.

I’ll admit, I’ve at least somewhat shared that view. Besides the fact that sequels usually pale in comparison to the original, I also felt that there are few enough portrayals of compassionate lawyers. Can’t we keep Atticus just as he is? Please?

Two things changed my mind. One was a great magazine story (let’s hear it for the power of magazines). And the other was a political town hall.

For the ABA Journal, Deborah Cassens Weiss examines some previous scholarship about “Mockingbird” in light of the release of “Watchman.”

As Weiss ends her article:

“Though Watchman isn’t Harper Lee’s best work, [Harvard Law Professor Randall] Kennedy says, it ‘does reveal more starkly the complexity of Atticus Finch, her most admired character. Go Set a Watchman demands that its readers abandon the immature sentimentality ingrained by middle school lessons about the nobility of the white savior and the mesmerizing performance of Gregory Peck in the film adaptation of To Kill a Mockingbird.’”

Ouch. Is sentimentality blocking readers from a fuller and truer understanding of American history? Chagrined, we must admit that such a thing has happened time and again. So am I and others doing that when we seal our “favorite” Atticus in amber?

One clue that the scholars are on the right track is visible when you read the comments following the ABA Journal story. As the saying goes, Denial is not just a river in Egypt.

The second element that leads me to get over my bromance with Atticus Finch occurred this past Saturday, at a town hall featuring two presidential candidates.

Sen. Elizabeth Warren, Phoenix, Ariz., July 16 2015.

Sen. Elizabeth Warren, Phoenix, Ariz., July 16 2015.

I attended portions of the Netroots Nation annual conference mainly to cover the three or so “legalish” panel discussions they scheduled, featuring topics like redistricting and Supreme Court jurisprudence. But in the process, I managed to get into the Phoenix Convention Center room where journalist Jose Antonio Vargas would interview U.S. Sen. Bernie Sanders of Vermont and Maryland Gov. Martin O’Malley, each vying for the Democratic nomination.

Sen. Bernie Sanders, Phoenix, Ariz., July 18, 2015

Sen. Bernie Sanders, Phoenix, Ariz., July 18, 2015

Gov. Martin O'Malley, Phoenix, Ariz., July 18, 2015

Gov. Martin O’Malley, Phoenix, Ariz., July 18, 2015

What I and 3,000 of my new friends expected was a moderated discussion. What we got was a highly effective staged protest by “Black Lives Matter” activists. About five minutes into the dialogue with O’Malley, activists rose from their seats or came from the back of the room, demanding to be heard.

You may have read about the event in the national news, for example, here and here.

Black Lives Matter activist Tia Oso confronts Gov. Martin O'Malley, July 18, 2015

Black Lives Matter activist Tia Oso confronts Gov. Martin O’Malley, July 18, 2015

What surprised was not that there was a protest—after all, this has been a year marked by flash-points in the intersection of policing and race. What surprised were the insufficient responses of the candidates. And that was followed by the irritation of many in the audience that the protestors spoke up at all, or for so long, or so stridently. And I heard from many audience members who professed to be pleased with their candidates’ responses, “given the circumstances.”

(For an insightful analysis of the Saturday event, read attorney Bob Lord, who managed to speak with a protest organizer.)

But in the era of Ferguson—and of Sandra Bland and Tamir Rice and Eric Garner and Freddie Gray and Michael Brown—it takes a special kind of denial to insist that the view of your candidate not be disturbed, distorted or made more complex by Saturday’s events. Both candidates may have had smart and compassionate things to say about race, the justice system, and people’s lives. But neither said those things. That is worth noting. They had the past tumultuous year-plus to think over their response to these tragedies. They did not take that opportunity. That is worth noting.

One thing that tells me is that the candidates and their staffs should immediately read the report issued just last week on the topic from the ABA and the NAACP. I covered it here.

So for those reasons and more, I’ll get a copy of “Go Set a Watchman.” Sure, the later years of Atticus may show a man who is not a shining beacon of enlightened views. But, sometime between now and a presidential election, we all should grow a little more open to complexity—in our novels, in our history, and in our public policy.

Let me know if you’re reading the book, and what you think. Write to me at arizona.attorney@azbar.org.

In the meantime, here are some of my tweets from the town hall. You can follow me and read more of my coverage at @azatty.

ABA logoThis morning, the American Bar Association and the NAACP released a joint statement on “Eliminating Bias in the Criminal Justice System.” It’s likely to get a lot of attention, for a few reasons:

  1. It offers a dozen specific recommendations that have the possibility of engaging the community and law enforcement and criminal justice officials in a deep and change-making way.
  2. It is a joint statement that is a result of collaboration between two persuasive organizations, the ABA and the NAACP Legal Defense and Educational Fund.
  3. It is drafted in straightforward language that faces head-on a crisis in race and policing.
  4. Its signatories include respected legal leaders, including prosecuting attorneys. (And it also includes Arizona’s own Professor Myles Lynk, of the ASU College of Law.)

The complete statement is available here.

NAACP LDF logoAmong the opening paragraphs are sentences like these:

“One would have to have been outside of the United States and cut off from media to be unaware of the recent spate of killings of unarmed African American men and women at the hands of white law enforcement officers. … Given the history of implicit and explicit racial bias and discrimination in this country, there has long been a strained relationship between the African-American and law enforcement. But with video cameras and extensive news coverage bringing images and stories of violent encounters between (mostly white) law enforcement officers and (almost exclusively African-American and Latino) unarmed individuals into American homes, it is not surprising that the absence of criminal charges in many of these cases has caused so many people to doubt the ability of the criminal justice system to treat individuals fairly, impartially and without regard to their race.”

After mentioning statistics on race in the criminal justice system and the recent Justice Department investigation of law enforcement practices in Ferguson, Missouri, the statement continues:

“Given these realities, it is not only time for a careful look at what caused the current crisis, but also time to initiate an affirmative effort to eradicate implied or perceived racial bias—in all of its forms—from the criminal justice system.”

Among its suggestions, the statement calls for:

  • More complete and comprehensive data collection on interactions between law enforcement and citizens, and more transparency from prosecutors’ offices on the use of prosecutorial discretion.
  • More training and assistance for all members of the justice system on the problems that can occur from real or perceived bias.
  • More hiring and retention of lawyers and officers “who live in and reflect the communities they serve” by prosecutors’ offices and law enforcement.
  • Greater use of body and vehicle cameras “to create an actual record of police–citizen encounters.”
  • Promotion of dialogue about the criminal justice process between representatives of the judiciary, law enforcement and prosecutors, defenders and defense counsel, probation and parole officers and community organizations as well the community.
  • More accountability and quicker response to issues that arise.
  • A better understanding of the collateral consequences of convictions and the damage they can inflict on individuals who have paid their debt to society.
William Hubbard, American Bar Association

William Hubbard, American Bar Association

In a press release, leaders of the two organizations offered remarks.

“The American criminal justice system is clearly in need of reform on multiple levels,” said ABA President William C. Hubbard. “As lawyers, we have a duty and responsibility to ensure the fair administration of justice and to promote public trust in the system. The solutions are not quick or easy, but these proposals offer a tangible and potentially significant framework to make sure the system provides justice for all.”

Sherrilyn Ifill, the president and director-counsel of the NAACP Legal Defense Fund, added, “The events of the last year have powerfully demonstrated the need for the members of our profession to confront the issue of racial bias in our justice system. We are very gratified that the ABA joined with us in convening a group of prosecutors to discuss the role they can play in dealing with this important issue.”

Sherrilyn Ifill, NAACP Legal Defense and Education Fund

Sherrilyn Ifill, NAACP Legal Defense and Education Fund

“Both the ABA and the LDF share a commitment to building confidence in the rule of law that has been badly shaken over the past year among many Americans. Prosecutors and other members of the criminal justice system must play a role as we move forward in the critical days ahead. The measures identified by the ABA and LDF present a powerful framework for prosecutors who are committed to taking on the issue of racial bias.”

I look forward to more news on this topic. Specifically, which of the 12 recommendations are likely to be adopted first and on a widespread basis? Are any of these suggestions currently being implemented, but on a smaller scale, perhaps in a state or in one jurisdiction?

After reading the statement, write to me at arizona.attorney@azbar.org to offer your thoughts.

John Dean was Time Magazine's cover subject more than once. (And the answer: No, Nixon could not survive Dean's testimony.)

John Dean was Time Magazine’s cover subject more than once. (And the answer: No, Nixon could not survive Dean’s testimony.)

Just like politically motivated burglars in 1972, a sad American anniversary furtively passed me by yesterday—for it was on June 17 in that year that “five men, one of whom says he used to work for the CIA, are arrested at 2:30 a.m. trying to bug the offices of the Democratic National Committee at the Watergate hotel and office complex.” (A full timeline of related events and stories, via the Washington Post, is here.)

The break-in at the Watergate and the subsequent executive branch cover-up caused turmoil from coast to coast and eventually led to the resignation of President Richard Nixon. (But also a pardon by President Gerald Ford for his secretive predecessor, an event that entirely ruined my 12-year-old birthday on September 8, 1974. I related my own experience of that pardon here.)

If you’d like to hear from someone who was intimately involved with that remarkable moment in American history, head over to San Diego in July, where the State Bar’s CLE By the Sea will feature speaker John Dean, who served as White House Counsel for President Richard Nixon for a thousand days from 1970 until 1973. (He has had other life achievements, but this is the resume line we regularly recall.)

I have never been to CLE By the Sea (I’m as surprised as you are), but this is a speaker who makes me want to break my perfect streak.

You can read more about Dean and his program here.

The pen Gerald Ford used to sign his pardon of Richard Nixon, Sept. 8, 1962. (Wikimedia Commons)

The pen Gerald Ford used to sign his pardon of Richard Nixon, Sept. 8, 1962. (Wikimedia Commons)

When many Americans, including me, think back on the infamy that emerged from the Oval Office, we also recall a few people who stepped up and spoke truth or otherwise acquitted themselves well.

Many people distinguished themselves by doing their jobs well or even going above and beyond the call of duty. Among them were Judge John Sirica, Sen. Sam Ervin, special prosecutor Archibald Cox, Attorney General Elliot Richardson, and Deputy Attorney General William D. Ruckelshaus. (And let’s not forget the Washington Post’s own publisher Katharine Graham and reporters Bob Woodward and Carl Bernstein.)

Political memories linger, and a campaign button in 1976 reminded voters of Ford's first big presidential decision.

Political memories linger, and a campaign button in 1976 reminded voters of Ford’s first big presidential decision.

Other people initially found themselves in a place that appeared ethically challenged or perhaps even illegal. And within that tawdry chapter of U.S. history, a subset of those decided to speak up and try to make things right.

John Dean was one of those people. As I’ve related before, my household and tens of thousands of others were riveted to Senate hearings at which John Dean played a historic role. We gazed in wonder at the laundry list of allegations emanating from the highest reaches of our government. It was hard not to marvel at the resolve Dean exhibited as he offered the Senate an accounting of the administration’s excesses. Others testified, but none riveted the attention as did John Dean.

John Dean when he was a young government lawyer.

John Dean when he was a young government lawyer.

In San Diego in July, Dean and his co-presenter James David Robenalt will offer insights for attorneys who may confront trouble in their own entities. As a description opens:

“As lawyer for the organization, what are the duties and obligations if a report up to the highest authority within an organization has failed and crime or fraud continue? Rule 1.13 of the Code of Professional Conduct (the ‘Model Rules’) provides that the lawyer may ‘report out’ what the lawyer knows, regardless of the duty of confidentiality imposed by Rule 1.6. And the lawyer’s duties become even more complicated if the lawyer has participated, knowingly or not, in the wrongdoing that gives rise to the reporting obligation. How then does the lawyer extricate himself or herself? When is resignation enough? When does a lawyer need to engage in a ‘noisy’ withdrawal?”

Here’s hoping you get the chance to gain some ethics education just steps from the beaches of Coronado. The complete program and a link to register are here.

A cybersecurity panel discussion offered some tips and many warnings, Fennemore Craig, Phoenix, Ariz., May 14, 2015.

A cybersecurity panel discussion offered some tips and many warnings, Fennemore Craig, Phoenix, Ariz., May 14, 2015.

How concerned should we be about the sorry results that may befall us if we suffer a cybersecurity breach?

However bad you think things could be, they’re probably going to be worse.

That’s the challenging takeaway I got from a panel discussion on cyber due diligence. It was hosted at Fennemore Craig on May 14, and it included speakers from the firm, prosecutors’ offices, and security firm Kroll.

(The June issue of Arizona Attorney Magazine contains some practical takeaways on cybersecurity preparedness. Read the complete article by attorney Paul Stoller.)

At the Fennemore event, FBI Special Agent Martin Hellmer urged attendees to consider whether their computers housing sensitive data must even “touch the Internet.” Instead, he said, “air-gapped” computers may fill your needs.

“Threats are very real and everywhere,” he said. “Chances are, if your computers are regularly on the Net, and even if you’re regularly patched, you’ve probably been hacked.”

Generations of FBI-watchers hearken back to their work tracking down bank-robbers. But Hellmer said times have changed.

“It’s a great time to be a criminal in the cyberworld. Why someone would walk into a bank today with a note and a gun, I don’t know. Instead, you could sit in the comfort of your own home and steal millions of dollars from someone on the other side of the world.”

Cybersecurity panel at Fennemore Craig, May 14, 2015, L to R: Jim Knapp, U.S. Attorney's Office; Jonathan Fairtlough, Kroll; Sarah Strunk, Fennemore Craig; Martin Hellmer, FBI; and Melvin Glapion, Kroll.

Cybersecurity panel at Fennemore Craig, May 14, 2015, L to R: Jim Knapp, U.S. Attorney’s Office; Jonathan Fairtlough, Kroll; Sarah Strunk, Fennemore Craig; Martin Hellmer, FBI; and Melvin Glapion, Kroll.

Jonathan Fairtlough of Kroll described the “common vulnerabilities and exploits”—“CVEs”—that are most often seen. They include ransomware, spearfish attacks, and “social engineering”—that is, calling customer service and claiming you “can’t find your password”; it works more often than companies like to admit.

Fairtlough added that last year’s large-scale data breaches involved ransom demands seeking bitcoin.

Kroll’s Melvin Glapion reitereated that “Every cyber problem is a human problem.” In fact, 80 percent of breaches include some form of insider (including vendors and consultants). Given that, companies must ask, “Who are we locking inside the gate?”

Another problem may arise via the BYOD movement—which urges companies to allow employees to bring their own device and to use those multiple devices to connect to company servers.

Glapion told the story of a director and screenwriter for Twilight series who refused to be on Sony Pictures’ computer system, opting instead to use their own device. That gap in security, plus a successful phishing expedition, was all that hackers needed to get access to daily updates of scenes during shooting, and even multiple versions of screenplays.

Fortunately, Glapion said, the hacking was done not by criminals with evil intent, but by fans who were obsessed with actor Robert Pattinson (and who hated his co-star Kristen Stewart).

“Those teen girls had the keys to the kingdom,” Glapion said. And your system may be just as exposed.

Also on the panel were Jim Knapp of the U.S. Attorney’s Office. He—like Kroll representatives—urged companies that had been hacked to contact the authorities.

Knapp said, “You do NOT lose control of your case if you call the feds.” Because the company is a victim, the prosecutors will keep you apprised of every step.

The prosecutor also suggested all of us to use “stock false answers” to those multiple password questions we all face. That way, “correct” and accurate answers cannot be ferreted out by hackers examining your life via social media.

Thanks and congratulations to Fennemore Director Sarah Strunk for gathering together such a helpful panel.

Here are a few images of slides from the presentation:

Cyber security Fennemore 3 presentation slideCyber security Fennemore 4 presentation slide

That's the Institute of Contemporary Art (Boston) to you and me.

That’s the Institute of Contemporary Art (Boston) to you and me.

In late March, I attended a conference at ASU that focused on the value of prison education—a topic easy to overlook, even in a high-incarceration society. (I previewed the event here.)

The conference was terrific, and you may still be able to see tweets by me and others by looking for @PEAC_ASU and the hashtag #PEC15. And as long as you’re online, be sure to follow ASU’s Prison Education Awareness Club.

The topic of education for correctional inmates is pretty specific, one that I would think does not recur in my life too often. But a recent trip to Boston threw the issue in stark relief again.

As I strolled through the Institute of Contemporary Art in that city, I was pleased to see so many compelling and provocative pieces. It is worth a stop—the longer the better—if you get the chance.

This is the Institute of Contemporary Art in Boston. Yes, it’s as cool as it looks. Yes, you want to visit.

This is the Institute of Contemporary Art in Boston. Yes, it’s as cool as it looks. Yes, you want to visit.

One particularly striking exhibition (sorry, it closes May 10) was called “When the Stars Begin to Fall.” The ICA describes it here:

“When the Stars Begin to Fall gathers 35 artists of different generations who share an interest in the American South as both a real and fabled place. Key to the exhibition is the relationship between contemporary art, black life, and ‘outsider’ art, a historically fraught category typically encompassing artists who have not received formal art training and who may have been marginalized in society. When the Stars Begin to Fall includes artworks by self-taught, spiritually inspired, and incarcerated artists alongside projects by prominent contemporary artists such as Kara Walker, Carrie Mae Weems, Kerry James Marshall, David Hammons, and Theaster Gates. It presents diverse artworks—from drawing and painting to performance, sculpture, and assemblage—unified by an insistent reference to place.”

Read more about the exhibition here.

The entire show was amazing, but I was especially struck by the work of the incarcerated artists. (That may not be a surprise, given the number of times I’ve covered corrections issues before. For instance, here is my review of the film Herman’s House, about former Louisiana inmate Herman Wallace, whom I’ve written about numerous times.)

It may be more than a coincidence that some of our most evocative art arises from people in adverse conditions. And a few artists represented in Boston cause viewers to stop and consider what we value and how fragile our sense of normalcy is.

Causing me to pause was the work of Frank Albert Jones. As I gleaned from the museum-curated detail: The artist created the drawings with colored pencils he salvaged from the accounting office of the Texas State Penitentiary at Huntsville, where Jones was an inmate at the end of his life. The pieces on display were from the late 1960s, soon before Jones’s death.

Here are photos of his pieces on display:

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Also compelling were pieces by Henry Ray Clark, as described by the museum:

“Conjuring alternate realities, Clark creates drawings populated with figures that appear to be from another planet. He builds his compositions by repeating geometric shapes to form patterns and elaborate borders around central subjects. As Clark’s titles imply, his works express feelings of isolation while humorously suggesting possible places where people can exist with their multiple identities.”

Clark also was in the Texas Penitentiary. Upon release, he got involved in Houston’s artist community and participated in community-based organization Project Row Houses. Here is some of Clark’s work:

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The work by Jones and Clark was noteworthy, but I also was struck by the artists who had never been incarcerated but whose work complements and comments on a society heavy on incarceration. Like the dedicated students in the Prison Education Awareness Club, these artists feel that prisons say a lot about us and that they have lessons to tell—about those within the walls and those without.

Among those intriguing people were video artists Kara Walker (and her video titled 8 Possible Beginnings; or the Creation of African-America, A Moving Picture by Kara E. Walker) and Lauren Kelley (and her video titled Unbleached Objects).

Kelley’s work (photo below) communicated consciously with the pieces by Frank Albert Jones on a facing wall. As the museum explained:

“Kelley’s series of videos on view are inspired by the blue and red drawings of Frank albert Jones featured in this gallery. To create these animated drawings, Kelley sourced images of miscellaneous goods on Etsy, an online marketplace for arts, crafts, and vintage items. She envisions these as ‘portraits of the playful spirits captured in the spaces Jones ornately rendered.’ The objects sourced from the free market of the internet contrast sharply with Jones’s reality as a prisoner … but they make reference to the types of mass-produced goods currently made by incarcerated individuals for large corporations.”

Prison arts Boston Unbleached Objects by Lauren Kelley_opt

Unbleached Objects by Lauren Kelley

Here are a few of the inmate-created works displayed at the March ASU conference, as described by Kyes Stevens from the Alabama Prison Arts and Education Project (click to enlarge):

And here are photos from the packed-to-the-gills room as PEAC president Jessica Fletcher opened the conference (click the photos to enlarge):

Given the wall-and-wire chasm that lies between millions of inmates and the society that imprisons them, art may be a necessary bridge. Based on the conference message, art can play a powerful role in humanizing a dehumanizing situation. And based on my visit to Boston, it can play a similarly powerful role in reminding us all of the need to remain fully human, even as we dole out justice and retribution.

US Department of Labor logoIt was only back on April 1 that a major dialogue was raised in Arizona about the negative results that flow from employee misclassification. That’s when Dr. David Weil of the Department of Labor Wage and Hour Division spoke to audiences in downtown Phoenix and elsewhere.

Dr. Weil spoke about the combination of carrots and sticks that would be brought to bear to face the challenge.

This week, we got to see a little of the stick as we read a press release. It opens:

“A nearly five-year federal investigation of illegal business practices by 16 defendants in Utah and Arizona has yielded $700,000 in back wages, damages, penalties and other guarantees for more than 1,000 construction industry workers in the Southwest, the U.S. Department of Labor announced today.”

“Consent judgments put an end to an effort by the defendants—operating collectively as CSG Workforce Partners, Universal Contracting, LLC and Arizona Tract/Arizona CLA—to claim that their workers were not employees. The defendants required the construction workers to become ‘member/owners’ of limited liability companies, stripping them of federal and state protections that come with employee status. These construction workers were building houses in Utah and Arizona as employees one day and then the next day were performing the same work on the same job sites for the same companies but without the protection of federal and state wage and safety laws. The companies, in turn, avoided paying hundreds of thousands of dollars in payroll taxes.”

You can read the entire release here. All of the targeted Arizona firms are listed at the bottom, as is the case name and caption number.

Adding to the value of the news to Arizona lawyers and others is a blog post by Labor Secretary Tom Perez himself. In it, he describes the legal action being taken in Utah and Arizona. And he gives valuable insight into the way this nefarious business gets done:

“The state of Utah was a helpful partner in the Wage and Hour Division’s investigation of these defendants, providing information from the state’s Worker Classification Coordinated Enforcement Council, an entity created by the state legislature to combat misclassification. The state ultimately outlawed the defendants’ business model by requiring workers compensation and unemployment insurance for members of LLCs. In response, the companies packed up, headed to Arizona, and set up shop under a new name, but with the same scheme.”

Perez concludes:

“The Utah and Arizona judgments send a strong, clear message: employers can’t hide behind deceptive legal partnerships to cut corners and save money on the backs of their employees. It’s our hope that this and other enforcement actions will serve as a credible deterrent that influences behavior throughout the economy. Especially in the fissured workplace, we will continue to be vigilant about protecting workers, taxpayers and law-abiding employers.”

If you represent clients in related industries, is this a wake-up call? Is misclassification as big a problem as it’s made out to be? Write to me at arizona.attorney@azbar.org.

P.S. Arizona has another close link to the Secretary: Four high-school kids from the Grand Canyon State just won an ABA award for best Magna Carta video. Among the luminaries they met in Washington DC in mid-April was Labor Secretary Perez. Here they all are:

U.S. Department of Labor Secretary Tom Perez meets with Arizona high school students who won first place in the ABA's 2015 Magna Carta video competition, April 2015.

U.S. Department of Labor Secretary Tom Perez meets with Arizona high school students who won first place in the ABA’s 2015 Magna Carta video competition, April 2015. (Full story in the June 2015 Arizona Attorney Magazine)

 

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