Jaburg Wilk

News/Publications

  • A Cautionary Tale: Why Out-of-State Students Need a Plan Before Applying for In-State Tuition at Arizona Public Universities

    It’s unfortunately a fairly common story: two students move to Arizona from another state to attend a public university with hopes of ultimately paying in-state tuition. Both students have similar backgrounds, graduated from the same high school and may even have extended family in Arizona. They each pay out-of-state tuition and apply for a change in their residency status after residing in Arizona for a … Read More

    Categories: Article

  • Zoom University: How Distance Learning May Impact Out-of-State Students’ Abilities to Claim In-State Tuition at Arizona Universities

    According to UNESCO, concerns related to COVID-19 led to school closures that impacted nearly 80% of the world’s student population. School closures led many universities to move away from in-person learning towards remote instruction via Zoom and other online platforms. Additionally, in the height of the pandemic, many Arizona universities closed their dorms, which forced students to find other living … Read More

    Categories: Article

  • The Feds Are Going After Non-Compete Covenants

    On July 7, 2021, President Biden announced that he intends to sign an executive order targeting employer-employee non-compete covenants (agreements) nationwide through the Federal Trade Commission (FTC). The FTC investigates and enforces a variety of antitrust and consumer protection laws governing unfair or deceptive acts or practices it deems to be unfair or deceptive. Those laws extend to the acts or practices … Read More

    Categories: Employment, Article

  • Seven Important Considerations for Arizona Employees Who Blow the Whistle on Their Employer

    A whistleblower is a term used in employment law for any employee who raises concerns about unlawful conduct. Arizona has a comprehensive whistleblower law that protects whistleblowers.

    This law makes it unlawful for an Arizona employer to terminate an employee who blows the whistle. There are, however, several things to consider before blowing the whistle.

    1. Blow the Whistle to an Appropriate Member of … Read More

    Categories: Employment, Article

  • Speak Up Now or It's Too Late

    Everybody is familiar with the part of a wedding where the audience is given an opportunity by the person officiating to express why the couple about to be married should not proceed with the ceremony, telling all present to "speak now or forever hold your peace." Does that concept, where the failure to immediately object will bar any later objection, appear anywhere in the law? The answer is "yes," as it is very … Read More

  • Be Present

    I know you think you can multitask. We all do at least with certain tasks or situations. In reality, none of us really do it well. Ever.

    The obvious one is when you’re on a call or a Zoom meeting. We hear you clicking on your keyboard either opening and responding to email or surfing the Internet. On Zoom, we see where you’re looking, and it’s down at your phone. Yes, we all do it, but it is a … Read More

    Categories: Blog

  • Six Overtime Risks for Arizona Contractors

    It is estimated that as many as 75% of Arizona contractors are not paying their employees overtime properly. If the U.S. Department of Labor ("DOL") conducts an audit, the results can be devastating to an employer. The Department has authority to conclude that the contractor failed to properly pay overtime to all of its employees and assess damages, fines, and penalties. What should Arizona contractors know about … Read More

    Categories: Employment, Blog

  • Powers of Attorney – Planning for Life Is as Important as Planning for Death

    Many people think that estate planning is just about what happens when someone dies. However, an equally-important part of estate planning is ensuring that you are cared for while you are still alive. If you become incapacitated, even for a short period of time, who will pay your bills or decide where you should live? Who will determine what doctors will care for you, or what treatments and medicines you will … Read More

    Categories: Estate Planning, Blog

  • Stopping Online Infringement

    Substantively, copyright protection is the same in the digital world and on the internet as in traditional form. The only practical difference is the likelihood that the copyright will be infringed. Works available in cyber space are far more likely to be the subject of unauthorized copying. This may be the result of people's misconception about copyright protection over online works, it may be because the online … Read More

    Categories: Intellectual Property, Article

  • We All Need a Break

    It’s been a long 15 months. Many people continue to work remotely, with some never to return to an office. Others never stopped going in to their workplace. One thing most of us didn’t do was take real and meaningful breaks.

    I don’t mean going for a walk or a family barbeque. I am speaking to vacation, to take time away and, importantly, when you can relax. Based on the numbers of people flying … Read More

    Categories: Blog