Jaburg Wilk

News/Publications

Employment

  • 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 both processes 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? & … 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

  • Arizona's Minimum Wage Increased in 2015 with No Change in 2016

    Arizona's Minimum Wage Increased in 2015 with No Change in 2016

    As of January 1, 2015, the minimum wage in Arizona increases to $8.05 per hour. In 2006, the Raise the Arizona Minimum Wage for Working Arizonans Act became law.  In part it provides for annual increases in the Arizona's minimum wage.  Increases to Arizona's minimum wage are based on cost of living increases using the Department of Labor, Consumer Price Index of All Urban Consumers (CPI-U).  There … Read More

    Categories: Employment, Article

  • Three Important Components of the Family Medical Leave Act

    Three Important Components of the Family Medical Leave Act

    In 1993, President Bill Clinton signed the Family and Medical Leave Act ("FMLA"), which allows employees time off from their job to bond with their children, care for ill family members, or recover from their own serious health problems — all without fear of losing their job.   The FMLA entitles employees to a total of 12 weeks of unpaid leave during a 12-month period for any of the following:  … Read More

    Categories: Employment, Article

  • How Does Arizona Same Sex Marriage Impact HR?

    How Does Arizona Same Sex Marriage Impact HR?

    On Friday October 17, 2014, same sex marriages became legal in Arizona. What are the changes that Arizona employers and their HR professionals need to be aware of?

    1. The definition of spouse in employee manuals and handbooks. If a generic definition, such as "spouse" is used, there should not be a need to update. However, if a specific definition was used such as "wife" or "husband" the employee manual may need … Read More

    Categories: Employment, Article

  • ICE Storm Predicted Arizona Employers Beware, I-9 Audits are on the Rise

    ICE Storm Predicted Arizona Employers Beware, I-9 Audits are on the Rise

    By: Kraig J. Marton, Esq. and Jerrie Martinez-Palombo, M.Ed., SPHR

    In a speech to the US House of Representatives, Secretary of Home Land Security, Janet Napolitano, stated that since 2009, Immigration and Customs Enforcement ("ICE"), has conducted more than 6,000 audits of employers for I-9 compliance and levied fines to non-compliant employers of more than $76 million!

    The Immigration Reform and … Read More

    Categories: Employment, Article

  • Eight Warning Signs of Potential Employment Termination and Eight Ways to Respond

    Eight Warning Signs of Potential Employment Termination and Eight Ways to Respond

    By: Kraig J. Marton, Esq.

    Many employees come in to work and suddenly find themselves laid off or terminated and without a job.  The termination comes as a complete surprise.   The employee has received warning signs which may or may not have been recognized.  If an employee looks for and can recognize the signs, the employee may be able to avoid the termination, look for another job … Read More

    Categories: Employment, Article