Jaburg Wilk

News/Publications

Employment

  • Do Employers Have to Pay their Employees?

    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

    Categories: Employment

  • The NLRB's Assault on Employee Handbooks: Potentially Illegal Workplace Rules and Policies

    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

    Categories: Employment, Article

  • Top 10 Bad Questions to Avoid When Interviewing a Job Applicant

    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

    Categories: Employment, Article

  • Impact of Young V. UPS and Steps for Employers

    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

    Categories: Employment, Article

  • Arizona's "Whistleblower" Laws: Tread Carefully

    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

    Categories: Employment, Article

  • Employers Beware! Government Agencies Are Out To Bust You For Misclassifying Your Employees As Independent Contractors

    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

    Categories: Employment, Article

  • What is a "Non-Disparagement" Clause and Why You May Not Want to Sign One

    What is a "Non-Disparagement" Clause and Why You May Not Want to Sign One

    By David Farren

    You settle your case, and the defendant agrees to pay you a lot of money. All that’s left to do is to sign a “standard” settlement agreement prepared by the defendant’s attorney. You get to page 10 and see a paragraph titled “No Disparagement.” You see that this means neither party will “disparage” the other . . . ever. You call your attorney, who … Read More

    Categories: Employment, Article

  • Why it is Crucial to Designate a HSA Beneficiary

    Why it is Crucial to Designate a HSA Beneficiary

    As high deductible health insurance plans are becoming more popular, an important component is health savings accounts (HSA).  In addition to having current tax advantages, there is specific tax treatment of HSA accounts upon the death of the account holder.  While not a requirement for HR departments, here is a quick tip that employees may find valuable.   

    All participants in a qualified … Read More

    Categories: Employment, Article

  • 9 Tips to Help Employers Avoid Violations of the Fair Labor Standards Act

    9 Tips to Help Employers Avoid Violations of the Fair Labor Standards Act

    Wage and hour law is complex.  Compliance is challenging, and although a company may have systems and policies in place, a manager or supervisor can put the company at risk for unpaid wages if they are not familiar with all of the requirements of the Fair Labor Standards Act ("FLSA").  There can be ambiguity as to what time is compensable.  For example, when does a work day begin and end?  Does … Read More

    Categories: Employment, Article

  • Is That Job Right For You Or Are You Right For That Job?

    Is That Job Right For You Or Are You Right For That Job?

    Jobs are becoming more plentiful in our recovering economy. Potential employees may have the luxury of selecting between alternate jobs or may pass on a job with the expectation that a better one will come next. People may no longer have to take the first job that comes their way in order to put food on the table. And, if someone needs a job, sometimes that job offer may not be the right one.

    Before accepting a … Read More

    Categories: Employment, Article