Does Your Company Need a Written Social Media Policy?
Hi, I'm Kraig Marton and I do the employment law here in the firm.
Should an Employer Have a Written Social Media Policy?
Absolutely. Companies should have a social media policy that provides guidelines to the employees about what can and can't be done and what can and can't be said. Now I also suggest that employers currently check with their counsel because that is in such a … Read More
Right to Sue Letter From the EEOC, Now What?
By Kraig J. Marton and Jeffrey A. Silence
A Right to Sue Letter was issued from the Equal Employment Opportunity Commission (“EEOC”) or the Arizona Civil Rights Division (“ACRD”), and you are not sure what to do next. Here are some things to consider.
1. All Is Not Lost
A Right to Sue letter is issued when the agency cannot determine whether the employer … Read More
What Can I Do if My Employer Has Not Paid My Wages?
Question: My employer has not paid my wages. What can I do?
Answer: In Arizona, if you are terminated from your position, your employer must pay your wages within seven days of your last working day or the next payday, whichever is sooner.
However, if you voluntarily quit your job, your employer may pay you on your next regularly scheduled payday.
If you have not been timely paid, you … Read More
How the Affordable Care Act Impacts COBRA
Hi, my name is Kraig Marton. I'm the head of the employment law section at our firm. As such I represent both employees and small to mid-size employers in all kinds of employment matters.
How has the Affordable Care Act influenced or changed COBRA coverage?
COBRA is a federal statute that gives employees certain rights and it has not really changed under the Act but, as a practical … Read More
DOL Changes Overtime Rules
New FSLA Overtime Rules
The U.S. Department of Labor recently announced that there will be significant changes to its overtime rules under the Fair Labor Standards Act of 1938 ("FLSA"). These new rules are expected to affect over 4.2 million employees and will become effective December 1, 2016. Before we discuss the changes, let's take a step back and discuss the current rules, many of which will remain in effect … Read More
Corrective Action Plan
Question: Can I receive a corrective action plan from my employer without prior written or verbal warnings?
Answer: Yes, an at-will employee in Arizona may be placed on a corrective action plan without any prior warnings.
Arizona is an employment at will state, meaning that unless there is a written agreement stating that the employee may only be terminated for cause, the employer can terminate an … Read More
The Death of the Individual Independent Contractor: A Growing Trend Points to an Uncertain Future
It should come as no surprise that the workplace environment is rapidly changing. In the past, many industries have routinely hired temporary or part time workers and called them independent contractors. After all, it is a lot easier and saves money. But those days may be changing. Changes in policy and stepped up enforcement now make it highly risky for any employer to classify any individual … Read More
Jaburg Wilk is Partnering with Apple Inc. to Present Tips on Building Your Own BYOD Program in the Workplace
PHOENIX, Ariz. (October. 21, 2015) – Jaburg Wilk attorneys Neal Bookspan and Laura Rogal will be presenting a free seminar on the importance of implementing a ‘Bring Your Own Device’ (BYOD) Program in the workplace at the Apple Store, Biltmore (2502 E. Camelback Rd) on Wednesday, October 28th from 8 a.m. to 9:30 a.m.
Attendees will learn how to establish a BYOD policy, security and device … Read More
Do Employers Have to Pay their Employees?
Q: Do Employers have to pay for all time worked?
A: Absolutely. The law has been clear for many years that if an employer engages an employee to work, they must pay for all time worked.
Q: Do employers have to give breaks and are they required to be paid?
A: In Arizona, surprisingly there is no law that requires employers to give their employees mandatory breaks. If an employer does give a short break (15 … Read More
The NLRB's Assault on Employee Handbooks: Potentially Illegal Workplace Rules and Policies
By David N. Farren
Most employers and their legal counsel take pride in rules and policies that have become standard fare in the workplace. Employee Handbooks almost always contain, and certainly should contain, conspicuous provisions that expressly disavow the existence of any contract of employment or any intent to alter, amend or modify the parties' at-will employment relationship. Handbooks are also typically … Read More