Jaburg Wilk

News/Publications

Employment

  • Is it Illegal for Arizona Employers to Discriminate Against Transgender or Gay Employees?

    Is it Illegal for Arizona Employers to Discriminate Against Transgender or Gay Employees?

    Title VII of the Civil Rights Act of 1964 ("Title VII") and the Arizona Civil Rights Act prohibit employers from discriminating against employees because of their gender. While neither law expressly prohibits discrimination based on gender identity or sexual orientation, the United States Supreme Court has held that Title VII prohibits discrimination based on sexual stereotyping. A gender stereotype is defined as … Read More

    Categories: Employment, Article

  • What is a Hostile Work Environment?

    What is a Hostile Work Environment?

    Video Transcript:

    Hi, my name is Jeff Silence.  I'm an associate at Jaburg & Wilk and I primarily do employment law.

    What is a Hostile Work Environment?

    It's a legal term of art that we use in employment law.  What it means is that an employee is being subjected to discriminatory treatment and that the terms of their working conditions are being altered, usually by their supervisor or co-employee. … Read More

    Categories: Employment, Article

  • You're Fired: Warning Signs to Watch for that Signal You Might be Terminated

    You're Fired: Warning Signs to Watch for that Signal You Might be Terminated

    Video Transcript:

    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.

    Warning Signs to Watch for That Signal You Might be Terminated

    When an employee has been working at a company, I sometimes see them come in one day and get fired and it's a complete surprise.  … Read More

    Categories: Employment, Blog

  • Does Your Company Need a Written Social Media Policy?

    Does Your Company Need a Written Social Media Policy?

    Video Transcript:

    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

    Categories: Employment, Article

  • Right to Sue Letter From the EEOC, Now What?

    Right to Sue Letter From the EEOC, Now What?

    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 discriminated against an employee. It does not mean a claim is weak. … Read More

    Categories: Employment, Article

  • What Can I Do if My Employer Has Not Paid My Wages?

    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

    Categories: Employment, Blog

  • How the Affordable Care Act Impacts COBRA

    How the Affordable Care Act Impacts COBRA

    Video Transcript:

    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

    Categories: Employment, Healthcare, Article

  • DOL Changes Overtime Rules

    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

    Categories: Employment, Article

  • Corrective Action Plan

    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

    Categories: Employment, Publication

  • The Death of the Individual Independent Contractor: A Growing Trend Points to an Uncertain Future

    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

    Categories: Employment, Article