Jaburg Wilk

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  • Things are Changing and Quickly!

    Things are Changing and Quickly!

    To say President Biden had a busy first day in office is an understatement. After being sworn in, President Biden wasted no time in issuing a flurry of executive orders. Many of these orders significantly impact employers and employees. Let’s go over some you need to know about now.

    Expanded Protections on the Basis of Gender Identity or Sexual Orientation

    Last year, the Supreme Court’s decision in … Read More

    Categories: Employment, Article

  • There’s a New Rule in Town: DOL Announces a New Rule on Worker Classification

    There’s a New Rule in Town: DOL Announces a New Rule on Worker Classification

    Independent contractor or employee? The distinction as to whether a worker is an independent contractor or an employee has created confusion, lawsuits, and stress. The DOL has issued a final rule on the matter and employers need to pay close attention.

    Why Does it Matter?

    Proper worker classification is important for several reasons. First, numerous employment laws only apply to employees and not to independent … Read More

    Categories: Employment, Article

  • Your Attendance Policy May Be a Ticking Time Bomb

    Your Attendance Policy May Be a Ticking Time Bomb

    The EEOC has long waged war against “no-fault” or rigid employment policies. No-fault attendance policies penalize employees by issuing them points (also known as occurrences) for absences, late arrivals and early departures. It is the agency’s position such policies tend to violate the ADA. Treehouse Foods, Inc., a Georgia-based food manufacturer, had to learn this lesson the hard way.

    The Case … Read More

    Categories: Employment, Article

  • EEOC Updates Its Conciliation Rules

    EEOC Updates Its Conciliation Rules

    For the first time in 40 years, the EEOC has substantially updated its rules on conciliation. It's important for employers to understand the changes, which, according to the agency, endeavor to increase transparency and efficiency.

    About Conciliation

    After making a finding that sufficient evidence supports a charge of discrimination, but before deciding whether to sue the employer, the EEOC's statutory framework … Read More

    Categories: Employment, Article

  • Arizona Employers: It’s Time for Your Annual Employment Law Checkup

    Arizona Employers: It’s Time for Your Annual Employment Law Checkup

    The beginning of the new year is a great time for an annual checkup with your employment law attorney. Specifically, it’s a good time to evaluate what changes you may need to make on your employee handbook and to evaluate what policies or agreements you may need to adopt or update. A lot happened in 2020, and you may not have kept up.

    For example, the U.S. Supreme Court declared that it is unlawful for … Read More

    Categories: Employment, Article

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

    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?

    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

    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

    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

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

    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