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
Top 10 Bad Questions to Avoid When Interviewing a Job Applicant
By David Farren
When interviewing job applicants, there are good questions and bad questions. A good question seeks relevant and helpful information about the person applying for the job and about the applicant's job qualifications consistent with a business necessity for asking the question. A bad question seeks personal information that is irrelevant to the applicant's job qualifications and lacks … Read More
Impact of Young V. UPS and Steps for Employers
By Gary J. Jaburg
Since 1978, pregnancy and pregnancy related health conditions have been protected conditions under the Pregnancy Discrimination Act ("PDA"). A recent Supreme Court case, Young v. UPS may increase the ability of pregnant workers to sue their employer for failure to accommodate or disparate accommodation. Young claimed she had been a victim of both gender and … Read More
Arizona's "Whistleblower" Laws: Tread Carefully
A "whistleblower" is someone who reports to management (or in some cases state and federal agencies) that they believe someone in their company is engaged in illegal conduct. There are numerous federal statutes that provide remedies to employees who are terminated or retaliated against for "blowing the whistle." For example, the Sarbanes Oaxley Act prohibits publicly traded companies from discriminating against an … Read More
Employers Beware! Government Agencies Are Out To Bust You For Misclassifying Your Employees As Independent Contractors
Both federal and state labor authorities are hot on the trail of companies who hire employees and call them "independent contractors." The United States Department of Labor (DOL) has entered into a Memorandum of Understanding with a number of states, including Arizona, mandating the enforcement of laws pertaining to properly classifying employees as employees. The DOL and these states have made this … Read More