Jaburg Wilk

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  • What Should You do if You are Being Harassed at Work?

    What Should You do if You are Being Harassed at Work?

    The first thing employees need to know is that not all harassment and discrimination is unlawful. Arizona is an at-will employment state, which means that an employee can legally be terminated (or harassed) for any reason or no reason, except a limited list of unlawful reasons.

    Federal discrimination laws require qualifying employers to take "prompt remedial action" to investigate and stop unlawful harassment. … Read More

    Categories: Employment, Article

  • Attention all Arizona Limited Liability Companies- The New LLC Law Applies to You!

    Attention all Arizona Limited Liability Companies- The New LLC Law Applies to You!

    The New Arizona Limited Liability Company Act (the "New LLC Act") will impact all Arizona limited liability companies this year. The Arizona Limited Liability Company Act was recently amended. For any Arizona LLC formed on or after September 1, 2019, the New LLC Act is already effective. And, beginning on September 1, 2020, all existing Arizona LLCs will be subject to the New LLC Act. That means action must be … Read More

    Categories: Business & Corporate, Article

  • Is Telecommuting a Reasonable Accommodation?

    Is Telecommuting a Reasonable Accommodation?

    I get this call pretty frequently. A client wants know whether it should accommodate an employee by allowing the employee to telecommute or work remotely. The answer, in typical attorney fashion, is "it depends." And it does.

    An employer or the employee may suggest telecommuting as a reasonable accommodation under the ADA. And it may not be a bad idea. But be cautioned. While telecommuting has its benefits, an … Read More

    Categories: Employment, Article

  • Dear Employer: I’m Recording You!

    Dear Employer: I’m Recording You!

    More and more, I have noticed employees are recording their employers. Smartphones, along with other technological advances, have made recording or videoing workplace conversations very easy. These recordings can be used in litigation and have the ability to become public-relations nightmares.

    Because of this, employers frequently ask me whether they can implement broad policies prohibiting recording or videoing. … Read More

    Categories: Employment, Article

  • A Peacock Walks into the Office

    A Peacock Walks into the Office

    Emotional support animals seem to be everywhere. We see them on planes, in restaurants, and other businesses. Places that were once off-limits to animals have “gone to the dogs.” What do you do, however, when your employee requests to bring their emotional support animal to work? What does an employer need to do when they receive this request? Understanding the difference between “service animal& … Read More

    Categories: Employment, Article

  • DOL Overtime Rules

    DOL Overtime Rules

    In September, the U.S. Department of Labor issued a long-awaited final rule updating the compensation requirements for the FLSA’s executive, administrative, and professional exemptions. The 2019 Final Rule is effective January 1, 2020.

    How Did We Get Here?

    Generally, the FLSA exempts most executive, administrative and professional employees from overtime so long as the employees satisfy three tests: (1) … Read More

    Categories: Employment, Article

  • Boost Your Efficiency

    Boost Your Efficiency

    JW Way Fundamental #14: Work Smart. "Be organized and plan work for maximum efficiency. Have the tools necessary before starting your work. Be thoughtful about your schedule and have a game plan for calls, tasks, and the workday. Establish priorities and work on them first."

    I love this fundamental. My brain likes to work in efficiency mode so this fundamental deeply resonates with me. Since this is not an easy … Read More

    Categories: Culture, Article

  • Ho Ho Ho! Can Happy Holidays and Divorce Co-exist?

    Ho Ho Ho! Can Happy Holidays and Divorce Co-exist?

    The holiday season tends to bring out the best, or the worst, in people. It is a time to celebrate the joys of life and let the stress of the prior year slip away. Unfortunately, divorce and the holidays tend not to mix well – and parents in the throes of a difficult divorce may find themselves being anything but merry. Divorce does not need to suck the fun out of the holidays. Perhaps a different … Read More

    Categories: Family Law, Article

  • Are Employee Confidentiality Agreements Enforceable in Arizona?

    Are Employee Confidentiality Agreements Enforceable in Arizona?

    In Arizona, courts will enforce a confidentiality agreement if it is “reasonable.” Often, confidentiality agreements are written to encompass all of the employer’s information. A court may take issue with such an agreement because confidentiality agreements are supposed to prohibit disclosure of information that is truly confidential. Depending on the employer, truly confidential could include … Read More

    Categories: Employment, Article

  • Be Open to Other Perspectives

    Be Open to Other Perspectives

    JW Way Fundamental #13: Embrace Diversity. "Celebrate our differences. Be aware of and address implicit bias. Be open to learning from others, regardless of their background or role. Be mindful that we make better decisions when we consider multiple perspectives. Hire, mentor, compensate, and promote based on merit."

    Workplace diversity is typically characterized as diversity in human traits and characteristics: … Read More

    Categories: Culture, Article