Jaburg Wilk

News/Publications

Employment

  • Jaburg Wilk Partner, Silence, is Panelist at Arizona Association for Justice Webinar

    Jaburg Wilk Partner, Silence, is Panelist at Arizona Association for Justice Webinar

    Jeffery Silence, featured speaker at the Arizona Association for Justice 2021 Arizona Paid Sick Time Webinar. Jeff will explore Arizona's paid sick time law, what it covers, what employers are responsible for, and retaliation provisions.

    What: Arizona’s Paid Sick Time Law

    What and who are covered

    How is it calculated

    What are employers responsible for

    Retaliation

    Where: Live virtual event  … Read More

    Categories: Employment, Seminars

  • What Arizona Employees Need to Know Who Are Being Sexually Harassed at Work

    What Arizona Employees Need to Know Who Are Being Sexually Harassed at Work

    While it seems evident that no employer would want an environment where employees are not respected, valued, and protected from being sexually harassed, it still happens. If you work for an Arizona employer, and you are being sexually harassed at work, there are steps that you can, and should, take.

    First, Report It

    The first thing to do - and the most important step - is to report the harassment to HR and … Read More

    Categories: Employment, Article

  • The Feds Are Going After Non-Compete Covenants

    The Feds Are Going After Non-Compete Covenants

    On July 7, 2021, President Biden announced that he intends to sign an executive order targeting employer-employee non-compete covenants (agreements) nationwide through the Federal Trade Commission (FTC). The FTC investigates and enforces a variety of antitrust and consumer protection laws governing unfair or deceptive acts or practices it deems to be unfair or deceptive. Those laws extend to the acts or practices … Read More

    Categories: Employment, Article

  • Seven Important Considerations for Arizona Employees Who Blow the Whistle on Their Employer

    Seven Important Considerations for Arizona Employees Who Blow the Whistle on Their Employer

    A whistleblower is a term used in employment law for any employee who raises concerns about unlawful conduct. Arizona has a comprehensive whistleblower law that protects whistleblowers.

    This law makes it unlawful for an Arizona employer to terminate an employee who blows the whistle. There are, however, several things to consider before blowing the whistle.

    1. Blow the Whistle to an Appropriate Member of … Read More

    Categories: Employment, Article

  • Six Overtime Risks for Arizona Contractors

    Six Overtime Risks for Arizona Contractors

    It is estimated that as many as 75% of Arizona contractors are not paying their employees overtime properly. If the U.S. Department of Labor ("DOL") conducts an audit, the results can be devastating to an employer. The Department has authority to conclude that the contractor failed to properly pay overtime to all of its employees and assess damages, fines, and penalties. What should Arizona contractors know about … Read More

    Categories: Employment, Blog

  • Can Arizona Schools and Employers Require Students and Employees to Get Vaccinated for COVID-19?

    Can Arizona Schools and Employers Require Students and Employees to Get Vaccinated for COVID-19?

    Governor Ducey recently signed an executive order requiring Arizona schools to reopen for in-person learning by March 15, 2021. Additionally, many employers that have allowed employees to work remotely during the pandemic are now asking them to return to the office. Although there are many factors at play, the fact that vaccines are now more readily available likely has played a role in the shift towards in-person … Read More

    Categories: Employment, Article

  • ADA Disability In The Age Of COVID-19

    ADA Disability In The Age Of COVID-19

    An employee refuses to come in to work or calls in sick or doesn’t show up or call in at all because of the COVID-19 pandemic. There are plenty of excuses to do that, some real and some not so real. Many employees have been working from home these days, and they like it. Some may want to keep it that way by convincing the employer to embrace the economic virtues of a virtual workplace. Others may really be … Read More

    Categories: Employment, Article

  • Tipping Points – DOL Issues New Opinions About Paying Tipped Employees

    Tipping Points – DOL Issues New Opinions About Paying Tipped Employees

    Days before the January 20, 2021, presidential inauguration, the U.S. Department of Labor (DOL), under the outgoing administration, issued a flurry of new regulations, rules and opinion letters that could significantly impact the employment law landscape in the coming months or years. A gust of that wind stirs up new tipped employee regulations, set to take effect on March 1, 2021. The new regulations clarify, … 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