Jaburg Wilk

News/Publications

Employment

  • 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

  • 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

  • Employers Allowed to Voluntarily Provide Leave Under the FFCRA

    Employers Allowed to Voluntarily Provide Leave Under the FFCRA

    As we should now be aware, the FFCRA ended on December 31, 2020. To date, there have not been any laws passed to replace its provisions despite a continued spike in pandemic numbers. While it’s likely a matter of time until we see something new, the Department of Labor recently made a clarification as to FFCRA leave pay in the 2021.

    As part of its ongoing Q&A guidance (see question 104), the DOL points … Read More

    Categories: Employment, Blog

  • 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