Law Blog

The Wage and Hour Division of the Department of Labor ("DOL") primarily ensures that employers are in compliance with the Fair Labor Standards Act, ("FLSA").  In short, the FLSA requires that non-exempt employees be paid at least the minimum wage for all hours worked and overtime pay at 1 ½ times their regular rate of pay for all hours worked in excess of 40 hour...

Just because the thought comes into your head does not mean it should come out of your mouth. In many situations, it matters what you say next. When that is the case, you must think before saying anything. This does not mean uncomfortable, long silences before responding. Instead, it means you need to plan for important conversations, negotiations or presentations...

In Hull v. Wesley [1] the Division One of the Arizona Court of Appeals addressed legal decision-making for children in the context of pain medication.  These medications were taken during the pregnancy.  The child was born addicted to the pain medication and suffered withdrawal and complications after birth. The Appeals Court opinion is a memorandum d...

Video Transcript: Hi, I'm Mitch Reichman. I'm a State Board of Arizona Certified Specialist in Family Law and I practice at Jaburg & Wilk. Will I Have to Appear in Court During my Divorce Proceeding? Yes, typically you'll have to appear in court at least once.  Judges in Maricopa County in divorce cases are very proactive and so they call the parties to a...

Who Has Child Custody Jurisidction- Mexico, Arizona, or California?  The decision in Margain vs. Ruiz-Bours [1] provides some insight into the workings of the Uniform Child Custody Jurisdiction and Enforcement Act ("UCCJEA") as adopted by Arizona in Title 25, Chapter 8, Articles 1 through 3.  Facts of the Child Custody ...

Video Transcript: Mediation is preferred to litigation for a myriad of reasons.  First of all, is the cost - mediation is invariably less expensive than litigation.  It is not a few thousand dollars less to mediate; many times it may be ten, twenty, or even thirty thousand dollars less than litigation.  In addition, a benefit of mediation is the case is over ...

Video Transcript: There’s two ways that you can find out the identity of an anonymous author online. First, is you can just ask. You can email the website, email the ISP and say “Hey, this person said mean things about me” or inform them of the reason you want to know and just ask. Most of the times, the website won’t actually give you that...

Working to Obtain Your Goals Perseverance is everything. There is no excuse to ever give up. If you doubt this, you either have had success handed to you, which happens rarely, if ever, or you come up against trying to reach a goal and pivot instead of pushing through to reach your desired result. You may even describe your pivot as a strategic change of plans bas...

Video Transcript What is Opting Out? Are There Advantages in Doing So? Opting out is resolving a family law dispute outside the judicial system. I think that the parties can achieve clear advantages by choosing to opt out and resolve their issues outside the traditional judicial system. One is that the parties control their own destiny. If they opt out by choosing...

Arizona is a community property state and community property law controls the division of all assets of your marital estate. Division of Community Property For example, the acquisition of a new house during the marriage can create difficult community property questions upon divorce. What if there was a contribution of separate property? What if title is held in th...