Jaburg Wilk

News/Publications

Employment

  • New Overtime Rules Delayed

    New Overtime Rules Delayed

    In a crucial blow to the Obama administration, a federal judge in Texas granted a nationwide preliminary injunction against the Department of Labor's new overtime rules (“the Final Rule”) that would have, among other things, increased the minimum salary for certain exempt employees from $23,660 to $47,476. The Final Rule was supposed to take effect on December 1, 2016, and many employers had already … Read More

    Categories: Employment, Blog

  • Arizona Prop. 206 Requires a Higher Minimum Wage and Paid Sick Time

    Arizona Prop. 206 Requires a Higher Minimum Wage and Paid Sick Time

    Arizona voters recently passed AZ Prop 206 – the Fair Wages & Healthy Families Act – by a significant margin. Prop 206 increases the minimum wage in Arizona to:

    $10.00 per hour on January 1, 2017

    $10.50 per hour on January 1, 2018

    $11.00 per hour on January 1, 2019

    $12.00 per hour on January 1, 2020

    After 2020, Arizona’s minimum wage will increase according to increases in the cost … Read More

    Categories: Employment, Article

  • Which Types of Employers are More Likely to Get Sued?

    Which Types of Employers are More Likely to Get Sued?

    Video Transcript:

    Hi, I’m Kraig Marton and I do employment law here in the firm.

    Why do you Call Employment Law Alphabet Soup?

    Employers have to know so much when they’re engaged in the field of employment law and there’s so many acronyms that are used that just learning them becomes difficult. There’s things like FMLA, there is USERRA there is COBRA, there is HIPAA, one can go on. Now … Read More

    Categories: Employment, Blog

  • What is Wrongful Termination in Arizona?

    What is Wrongful Termination in Arizona?

    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.

    What is wrongful termination in Arizona?

    There are a lot of kinds of wrongful termination, the one most common, that most people have heard about is the illegal discrimination, like discrimination on … Read More

    Categories: Employment, Blog

  • What Damages Can an Employee Recover in a Lawsuit from an Arizona Employer?

    What Damages Can an Employee Recover in a Lawsuit from an Arizona Employer?

    If an employee or former employee sues, they may be entitled to many different types of damages, which could amount to a substantial amount. However, that is not always the case. The different kinds of damages an employee can win against an Arizona employer depend on the type of claim, and there are many different kinds of claims. An employee may assert they have not been paid earned wages or they may have been … Read More

    Categories: Employment, Article

  • What is a Whistleblower?

    What is a Whistleblower?

    Video Transcript:

    Hi, I’m Kraig Marton and I do employment law here in the firm.

    What is a Whistleblower?

    A whistleblower is a person who goes to either the media or to a person in the company who can do something about it, and complains about a violation of law or an unethical practice in an effort to make it stop. The whistleblower then gets a claim if the whistleblower is terminated for blowing the … Read More

    Categories: Employment, Article

  • What to do When an Employer Fails to Pay Earned Wages

    What to do When an Employer Fails to Pay Earned Wages

    Video Transcript:

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

    What Should I do if My Employer Failed to Pay me Wages?

    You have two options at this point. First you could file a complaint with the Arizona Labor Department. They have the power to investigate these kinds of claims and order your employer to pay you the money they should have paid you. … Read More

    Categories: Employment, Article

  • 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 Does “At-Will” Employment Mean?

    What Does “At-Will” Employment Mean?

    Most Arizona employers are aware that Arizona is an “at-will” employment state.  However, many do not understand what that means. In short, it means that an employee can be terminated for any reason or no reason, except a list of "unlawful" reasons. Before identifying the list of the most common unlawful reasons to terminate an “at-will& … 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