Jaburg Wilk

News/Publications

  • Ideas

    One spark can become a blazing fire. Think about that. It means every idea starts the same way: it comes into your head and you choose to act on it or not. This is why many people keep a pen and paper near their bedside in case an important spark of an idea comes to them in the middle of the night. Others may allow sparks to turn into an ember that will go out before the light of day.

    One thought can start a … Read More

    Categories: Blog

  • Olson v. U.S. 9th Circuit Applies FLSA Definition of Willfulness to FMLA Case.

    In Olson v. U.S., the Ninth Circuit upheld a district court’s ruling that found an employer’s failure to alert an employee of her FMLA rights was not willful. Let’s talk about the case and what it means for employers.

    Olson, who worked as a reasonable accommodation coordinator for Bonneville Power Administration (“BPA”), filed a lawsuit asserting BPA willfully interfered with her … Read More

    Categories: Employment, Article

  • Do I Have to Pay for THAT?

    DOL Issues Guidance Regarding Compensable Time for Time Spent Traveling

    The Department of Labor closed probably one of the most challenging years in the labor and employment law world by issuing an opinion letter regarding travel pay for days where employees’ time is split between working in the office and at home. Essentially, the opinion letter opines that the FLSA does not require employers to pay … Read More

    Categories: Employment, Article

  • Don’t be a Jerk, Take the High Road

    JW Way Fundamental #16: Don’t be a jerk - always take the high road."Maintain professionalism at all times. Keep emotions under control. Advocating forcefully for the interests of our clients does not require bullying, condescension, foul language, or temper tantrums. This applies to co-workers, opposing counsel, and vendors. Always be a mensch."

    Don’t be a jerk. Sounds easy, right? After all, we … Read More

    Categories: Culture, Article

  • Can’t You Read the Signs? The DOL on Employer Notice Requirements

    As HR professionals, we are no strangers to the posters and signs that are required by law that adorn our common areas. But how do you post such notices for remote workers? And can you remove the physical posters and post the required notices electronically? The Department of Labor’s Wage and Hour Division recently issued a second piece of guidance. This one has to do with employers’ posting duties for … Read More

    Categories: Employment, Article

  • Make Your New Year’s Resolution a SMART Goal

    We are just a few days away from a new year. Many of you have or will make New Year’s resolutions. It could be one of the standards such as losing a certain amount of weight, starting an exercise program, drinking less soda, eating less candy, etc. Maybe it is something different and more personal to you. Or maybe it is work related such as meeting new professional contacts, listening better to others, or … Read More

    Categories: Blog

  • Telemedicine Should Now be Considered an In-Person Visit for FMLA Purposes.

    In what seems like an ongoing spate of agency guidance, the United Stated Department of Labor’s Wage and Hour Division has joined the fray by issuing guidance today (Dec. 30, 2020) regarding utilizing telemedicine as a means of establishing a serious health condition for FMLA purposes.

    As a way of background, the FMLA provides eligible employees with up to 12 weeks of unpaid, job-protected leave in a 12- … Read More

    Categories: Employment, Article

  • Jaburg Wilk Partner Perez Named to Board

    PHOENIX, Ariz. (12/28/2020) Alejandro Perez has been named to the Board of Directors of Phoenix Pride. In addition, to being on the board, he was recently elected as the board’s Secretary.

    Perez, an employment law attorney and partner at Jaburg Wilk, said “Phoenix Pride is special to me. Their mission ‘to promote unity, visibility, and self-esteem among LGBTQ+ community’ resonates deeply … Read More

    Categories: Press Releases, News Release

  • Arizona’s Minimum Wage Increases on January 1, 2021

    Arizona’s minimum wage will increase by fifteen cents per hour to $12.15 per hour on January 1, 2021. This is because the Fair Wages and Healthy Families Act provides for a cost-of-living increase on January 1 of each year after 2020.

    This means that Arizona employers will need to start paying the higher minimum wage for all hours worked after January 1, 2021. Although workers who are tipped can be paid at … Read More

    Categories: Employment, Article

  • Is Remote Work Increasing Off the Clock Work?

    Earlier this year,  remote work became, for many of us, part of our “new normal.” And such arrangements are likely to continue in the future. With the number of new infections continuing to rise throughout the United States, many employers have chosen to allow their workforce to continue to work from home for extended periods. Some employers have allowed their workforce to “stay home” … Read More

    Categories: Employment, Article