Tag Archives: lawyer


Phoenix lawyer urges Congress to block ‘joint employer’ rule

Phoenix lawyer Mark Kisicki called on Congress Tuesday to “restore stability in labor relations” by reversing a National Labor Relations Board ruling that he said will cause “significant economic upheaval” if left untouched.

Kisicki was one of several witnesses testifying to a Senate committee on an August change to NLRB regulations so that any company that exercises indirect control over a worker can be considered an employer, along with any other business that has indirect control.

The new definition of “joint employer” changes a standard that had not been updated in more than 30 years, creating what Kisicki called “a sense of uncertainty and potential economic costs that could be overwhelming for small employers and significant for larger employers.”

Kisicki is a shareholder in Ogletree Deakins, which represents management in labor and employment issues, according to his testimony.

“The old standard required that both employers exercised direct and immediate control over the terms and conditions of the group of employees at issue in the case” to be considered joint employers, Kisicki said after the hearing.

The new ruling could make franchised companies responsible for the actions of franchisees, witnesses said, and could open otherwise separate businesses to organizing activities by unions.

But supporters said the change is needed to protect workers in the modern economy, where contracted-out work often gives employees no recourse when labor laws are violated.

“When workers want to join together with their coworkers, they are not looking for special treatment,” said Sen. Patty Murray, D-Wash. “They are simply exercising their basic rights guaranteed by law.”

Murray, the ranking Democrat on the Senate Health, Education, Labor and Pensions Committee, said in her opening remarks that the NLRB ruling “does not change the relationship between a local business owner and her employees.”

Murray praised the labor board for adapting to “the realities of today’s workplaces” in order “to keep the American Dream in reach for all families.”

Far from keeping the American Dream within reach, however, Sen. Lamar Alexander, R-Tenn., said the joint employer rule “threatens to steal that American Dream from owners of the nation’s 780,000 franchise businesses and millions of contractors.”

In 2007, franchises made up 10.5 percent of the country’s businesses with paid employees, according to the Census Bureau. They included construction, manufacturing, and retail trade firms, along with businesses in many other sectors.

“The labor board’s new joint-employment standard will make big businesses bigger and make the middle class smaller by discouraging larger companies from franchising and contracting work to small businesses,” Alexander, the committee chairman, said in his opening remarks.

Kisicki said after the hearing that the board’s new “joint employer” standard could have “consequences that very few employers in Arizona understand or are prepared to deal with” because “we just haven’t had much union activity in Arizona.”

Alexander has sponsored a bill that would amend the NLRB rule so that it would revert to the previous definition of a “joint employer.” The Protecting Local Business Opportunity Act, and a companion bill in the House, are both in committee in their respective chambers.

Kisicki supports those bills. If the current definition of joint employer is allowed to stand, he said, “no one is saying that all these bad things are going to happen. But some of them will.”


2014 ACC Awards

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Az Business is recognizing the vital role that in-house counsel plays in business with the Arizona Corporate Counsel Awards. The 2014 finalists and winners were honored at a reception on Thursday, January 16 at the Ritz Carlton, Phoenix.

The 2014 ACC awards winners are:

Public Company of the Year
John Pons, Cole Real Estate Investments
Darrell Sherman, Taylor Morrison
Randall S. Theisen, Alliance Bank

Private Company of the Year
Jill Harrison, W.L. Gore & Associates

Nonprofit Company of the Year
Matthew Stocklager, Dignity Health

Up and Comer of the Year
Michael Mason, Pinnacle West Corp (APS)

Private Legal Department of the Year

Public Legal Department of the Year
Sprouts Farmers Market

Litigator of the Year
Michael Walker, Insight Enterprises

IP Attorney of the Year
Dan Oseran, eBay

General Counsel of the Year
Erin Lewin, Avnet

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Law firm opens Arizona office

Medical negligence and personal injury firm Hodes Milman Liebeck, LLP has announced the opening of its Phoenix office, renaming the firm to Hodes Milman Liebeck Mosier, LLP and adding attorneys Robert A. Mosier and Robert K. Scott.  Mosier, managing partner of the Arizona office, represents plaintiffs in a variety of personal injury and medical negligence matters.  Scott, Of Counsel to the firm, is a respected trial attorney specializing in all aspects of bad faith insurance litigation.

“We look forward to expanding our geographic reach to serve clients throughout California and Arizona,” said Managing Partner Daniel Hodes.  “Both attorneys are talented, highly respected litigators and will be a tremendous asset in representing victims of medical negligence, personal injury and insurance bad faith.”

Prior to joining the firm, Mosier was an attorney at a prestigious medical negligence defense firm where he defended physicians, hospitals and nursing homes.  He left the defense side to focus on representing victims of medical negligence, including victims of brain and birth injury, nursing home abuse, catastrophic personal injury as well as wrongful death, and has tried numerous cases in these areas. Mosier earned his Bachelor’s degree in Law and his Juris Doctorate from Thomas Jefferson School of Law.

With more than 30 years’ experience, Scott has obtained multi-million dollar judgments, lucrative out-of-court settlements and substantial arbitration awards on behalf of his clients. His areas of legal practice include disability, life and accidental insurance, fire and property insurance, health insurance, catastrophic personal injury, wrongful death, wrongful termination and consumer law. Scott earned his Bachelor’s degree from the United States International University and his Juris Doctorate from California Western School of Law, where he was also awarded an L.L.D.