David Farren

David Farren

Jaburg Wilk

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Latest Publications


The Department of Labor Takes a Stance in Employee Misclassification Cases

In a recent article, I warned all employers that government agencies are out to bust them for misclassifying their employees as independent contractors. The prior article discussed the efforts made by the United States...more

12/10/2015 - Control Test Corporate Counsel DOL Economic Realities Test FLSA Independent Contractors Misclassification Wage and Hour

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

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...more

8/24/2015 - At-Will Employment Confidential Information Disclaimers Employee Handbooks NLRA NLRB Non-Disparagement Provisions Section 7 Standards & Procedures Workplace Communication Workplace Investigations

Top 10 Bad Questions to Avoid When Interviewing a Job Applicant

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...more

7/20/2015 - ADA ADEA Age Discrimination Credit Reports Criminal Background Checks Disability Discrimination EEOC Employment Discrimination Hiring & Firing Interviews Job Applicants National Origin Discrimination Popular Pregnancy Discrimination Race Discrimination Religion Sexual Orientation Discrimination Title VII Young Lawyers

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...more

5/5/2015 - DOL FLSA Government Agencies Independent Contractors IRS Misclassification Popular Right to Control Title VII

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

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...more

4/23/2015 - Breach of Contract Employment Contract First Amendment Non-Disparagement Provisions Settlement Agreements

Arizona’s Notice Of Claim Statute – Jumping Through Hoops When Suing State Government Or Its Agencies Or Political Subdivisions

For 20 years, the State of Arizona, its agencies and political subdivisions have held a secret weapon to thwart claims made against them for everything from breach of employment contracts to gross negligence in providing...more

5/22/2014 - Breach of Contract Claim Procedures Employment Contract Hiring & Firing Municipalities State and Local Government

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