Jaburg Wilk

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  • Obtaining Additional Time for a Family Law Hearing: What You Need to Know

    Obtaining Additional Time for a Family Law Hearing: What You Need to Know

    The Facts

    In Reyes v. Neill 1, Division One of the Arizona Court of Appeals addressed the question of whether the Court abused its discretion by failing to permit adequate time for the parties to present testimony and cross-examine witnesses at an evidentiary hearing. The opinion is a memorandum decision and is therefore not precedential; however, it may be cited for persuasive value subject to various … Read More

    Categories: Family Law, Article

  • Family Law Practice in a Values-Based Culture

    Family Law Practice in a Values-Based Culture

    Once most non-family law attorneys find out my specialty, they say “I would never do what you do!" Given that they’re on the outside looking in, it is easy to understand why so many lawyers feel that way. For those of us who have found our calling in helping people achieve sufficiently successful outcomes to thrive after the end of an important relationship - their marriage - it is hard to imagine … Read More

    Categories: Family Law, Article

  • Are You Owed Overtime Wages?

    Are You Owed Overtime Wages?

    The Fair Labor Standards Act (FLSA) requires covered employers to pay all non-exempt employees the federal minimum wage. It also requires covered employers to pay non-exempt employees 1.5 times their regular rate for any overtime hours, which are defined as any hour worked in excess of 40 hours in a seven-day workweek. The FLSA is complex, and it is not always easy to know whether you may be entitled to a premium … Read More

    Categories: Employment, Article

  • Arizona Supreme Court Decides Parentage of Children born in Same Sex Marriages

    Arizona Supreme Court Decides Parentage of Children born in Same Sex Marriages

    On September 19, 2017, the Arizona Supreme Court delivered its decision in McLaughlin vs. Jones, (CV-16-0266-PR) answering the question of whether the statutory presumption of parenthood arising from a marriage applies equally to same-sex marriages as it does to other (opposite-sex) marriages. The decision is particularly interesting since conflicting opinions were recently issued by Divisions 1 and 2 of the … Read More

    Categories: Family Law, Article

  • Attorney Fee Shuffle- The Arizona Supreme Court has Imported the Fee Shifting Provision of A.R.S. § 12-341.01(A) Into Private, Mandatory Contractual Fee Provisions

    Attorney Fee Shuffle- The Arizona Supreme Court has Imported the Fee Shifting Provision of A.R.S. § 12-341.01(A) Into Private, Mandatory Contractual Fee Provisions

    Unlike many states, Arizona has long provided for the recovery of attorney fees, albeit on a discretionary basis, in contested contract disputes. See A.R.S. § 12-341.01(A). The Arizona legislature made clear, however, that the discretionary fee statute was not intended to displace contractual fee provisions of the sort commonly found in consumer and commercial contracts. Thus, § 12-341.01 … Read More

    Categories: Business & Corporate, Article

  • Getting Divorced? Four Cautionary Tips about Accessing Your Spouse’s Electronic Information

    Getting Divorced? Four Cautionary Tips about Accessing Your Spouse’s Electronic Information

    Question:  I know my spouse’s passwords to their social media accounts, bank accounts and/or email accounts, can I log into their account and get the information we need to help win my case? 

    Answer: While this might sound like a really good idea, you shouldn’t do this for a few reasons. First of all, even though your spouse may have given you their& … Read More

    Categories: Family Law, Internet and Technology, Article

  • Employers Required to Use Revised Form I-9

    Employers Required to Use Revised Form I-9

    Effective September 18, 2017, employers must begin using a revised Form I-9, which was released on July 17, 2017. The new form is valid through August 31, 2019. Using an outdated form is a violation of recordkeeping requirements and may result in fines to the employer.

    Form I-9

    The Form I-9 is used for verifying the identity and employment authorization of individuals hired for employment in the United … Read More

    Categories: Employment, Article

  • Is Your Website Accessible to Disabled Users? If Not, Courts Say You Could Be Violating the ADA

    Is Your Website Accessible to Disabled Users? If Not, Courts Say You Could Be Violating the ADA

    Yes, seriously. This is no longer a remote threat cautioned by overzealous lawyers. This is now a real threat that business owners should address now. If you own and/or operate a business, and the business has a website that markets its goods or services, you could be liable for violating the Americans with Disabilities Act (“ADA”) if your website is not accessible to disabled users. That … Read More

    Categories: Business & Corporate, Internet and Technology, Article

  • Department of Labor Rolls Back the Liberal Interpretation of Who is and Who is Not an Employee

    Department of Labor Rolls Back the Liberal Interpretation of Who is and Who is Not an Employee

    Recently the hot topic in employment law is the widespread misclassification of employees as independent contractors. The courts and the Department of Labor (DOL) have steadily turned up the heat on employers who misclassify independent contractors as employees.  Typically, an independent contractor status is assigned to avoid paying payroll taxes and compliance  … Read More

    Categories: Employment, Article

  • Educate Yourself to Achieve Excellence (and repeat)

    Educate Yourself to Achieve Excellence (and repeat)

    Last week I spoke to the need for continuous self-improvement. Part of that is continually learning throughout your lifetime.  

     

    I have mentioned before that my firm has The JW Way, which encapsulates the firm’s unique culture (http://www.jaburgwilk.com/mission-statement). JW  Way fundamental 17 is “Be relentless about continuous improvement.” This fundamental speaks to … Read More

    Categories: Other, Article