Practice areas: Employment & Labor, Schools & Education
Licensed in Arizona since: 2014
Education: Arizona State University Sandra Day O'Connor College of Law
Selected to Rising Stars: 2020 - 2025 Jaburg Wilk Law Firm
1850 N. Central AveSuite 1200
Phoenix, AZ 85004 Phone: 602-248-1000 Email: Alden Thomas Visit website
Details
Alden chairs Jaburg Wilk's Employment and Education Law Departments. She assists employees and employers with wage and hour disputes, harassment and discrimination claims, restrictive covenant disputes, whistleblower claims, and federal and state compliance issues. In her education practice, she assists students and educators with residency, tuition, disability accommodation, discrimination and retaliation, disciplinary matters, and tenure and promotion disputes. Alden has substantial experience representing clients in state and federal court, private arbitration, mediation, and in administrative proceedings. Her wide array of experience affords her unique insight into how to best protect her clients’ interests.
Alden has been recognized as a Southwest Super Lawyer Rising Star, Best Lawyers One to Watch, and Phoenix Magazine Top Attorney. Before entering private practice, she clerked for the Honorable Patricia Orozco (Ret.) at the Arizona Court of Appeals.
Alden enjoys giving back to her community and currently serves on the Board of Directors for Audrey’s Angels and volunteers for the Times Up Legal Defense Fund. She has also coached multiple undergraduate and law school moot court teams. In 2017, the ASU Law Moot Court Board named her the Coach of the Year after her Representation in Mediation team placed third at the ABA’s national competition. Alden won the national championship as a competitor in law school.
First Admitted: 2014, Arizona
Professional Webpage: http://www.jaburgwilk.com/our-people/alden-a-thomas
Bar/Professional Activity:
- Board Member, Phoenix Texas Exes, the University of Texas
- State Bar of Arizona: Employment and Labor Section, State Bar Convention Committee, 2021-present
- Ladder Down, Member 2017
- Arizona State Bar, Member
- Arizona Women's Lawyers Association, Member
Pro bono/Community Service:
- Audrey’s Angels, Board of Directors, 2020
- ASU Law, Moot Court Coach of the Year in 2017
- Coach, ASU’s ABA Representation in Mediation Competition teams
- Active Advisor Vice-Chair, Junior League of Phoenix
Honors/Awards:
- Phoenix Magazine - Top Lawyer, Education, Labor & Employment, 2022, Top Lawyer, Phoenix Magazine
- Martindale-Hubbell Client Champion Platinum, 2023, 2024, 2025, Client Champion Platinum, Martindale-Hubbell
- Best Lawyers in America, Ones to Watch, 2023, 2024, 2025, Ones to Watch, Best Lawyers in America
- Martindale-Hubbell Client Champion Gold, 2021, 2022, Client Champion, Martindale-Hubbell
- Rated Superb, 2020, AVVO
- Martindale-Hubbell Client Champion Silver, 2020, Client Champion, Martindale-Hubbell
Educational Background:
- BA, University of Texas at Austin, 2010
- JD, Arizona State University, 2014
Scholarly Lectures/Writings:
- The Arizona minimum wage increased from $14.35 per hour to $14.70 per hour. The latest increase will take effect on January 1, 2025, and will remain in effect until December 31, 2025. This means that Arizona employers will need to start paying the higher minimum wage ($14.70 per hour) for all hours worked after January 1, 2025. If employees are classified as tipped employees, their minimum wage is also increasing to $11.70 per hour. There are certain requirements to be met to classify employees as tipped., Author, Arizona Minimum Wage Increases on January 1, 2025, JaburgWilk.com, 2025
- Many students are generally familiar with the First Amendment of the Constitution, but they often overlook that it only confers the right “to petition the Government for a redress of such grievances.”, Author, The First Amendment Protects Only Some Arizona Students, JaburgWilk.com, 2022
- The Arizona minimum wage increased from $13.85 per hour to $14.35 per hour. The latest increase took effect on January 1, 2024, and will remain in effect until December 31, 2024., Author, Arizona Minimum Wage Increased on January 1, 2024, JaburgWilk.com, 2024
- On June 27, 2023, the Pregnant Workers Fairness Act (PWFA) became effective. It impacts employers with fifteen or more employees and provides protections that are distinct from, and in addition to, benefits provided to FMLA eligible employees. The new law requires employers to provide reasonable accommodations for pregnant workers unless doing so would cause the employer an undue hardship. , Author, New Federal Law Adds Protection for Pregnant Workers, JaburgWilk.com, 2023
- As attorneys, we play two fundamental roles: we are both advocates and counselors., Author, Attorneys are Both Advocates and Counselors, JaburgWilk.com, 2023
- The Arizona minimum wage will increase yet again from $12.80 per hour to $13.85 per hour. The increase is more than $1.00 per hour and it will take effect on January 1, 2023 and will remain in effect until December 31, 2023., Author, Arizona Minimum Wage Increased on January 1, 2023, JaburgWilk.com, 2023
- Educators accused of unprofessional and/or immoral conduct with the Arizona DOE should consult with an experienced education attorney. An attorney will help the educator navigate disciplinary proceedings and explore options to mitigate the risk of severe disciplinary action., Author, DOE Disciplinary Proceedings: Tough Lessons for Arizona Teachers, JaburgWilk.com, 2022
- Arizona remote employees are entitled to FMLA leave only if they meet certain requirements., Author, Are Remote Employees Entitled to FMLA Leave in Arizona?, JaburgWilk.com, 2022
- In Arizona employers may terminate employees for any reason or no reason at all so long as the reason is not an illegal one., Author, What Arizona Employees Need to Know about Pursuing Wrongful Termination Claims, JaburgWilk.com, 2022
- On March 8, 2021, President Biden signed an executive order indicating it is the policy of the Biden administration “that all students should be guaranteed an educational environment free of from discrimination on the basis of sex, including discrimination in the form of sexual harassment, which encompasses sexual violence, and including discrimination on the basis of sexual orientation or gender identity.” , President Biden Signs Executive Order Potentially Expanding Scope of Title IX Protections, JaburgWilk.com, 2021
- A student interested in paying in-state tuition should consult with an experienced attorney. Ideally, the student should consult with the attorney before moving to Arizona as an attorney will develop a clear and definite plan for the student to follow for the year preceding the student’s eligibility to petition to change his or her residency status., A Cautionary Tale: Why Out-of-State Students Need a Plan Before Applying for In-State Tuition at Arizona Public Universities, JaburgWilk.com, 2021
- in 2020 school closures led many universities to move away from in-person learning towards remote instruction via Zoom and other online platforms., Zoom University: How Distance Learning May Impact Out-of-State Students’ Abilities to Claim In-State Tuition at Arizona Universities, JaburgWilk.com, 2021
- The Families First Coronavirus Response Act (“FFCRA”) became effective in April 2020 and will expire on January 1, 2021. The FFCRA requires employers with 500 or fewer employee to provide up to eighty hours of paid sick leave to their employees for COVID-19 related events., The FFCRA Will Soon Expire, but Protections for Arizona Employees Remain in the Wake of COVID-19, JaburgWilk.com, 2020
- It behooves students who believe they have unfairly received low or failing grades to appeal those grades. Although all situations are different, there are certain general steps students should take when appealing a grade., Making the Grade: What Arizona College Students Need to Know about Grade Appeals, JaburgWilk.com, 2020
- The Families First Coronavirus Response Act is effective April 2, 2020. The law requires some employers to provide employees paid sick leave for COVID-19 related events and expands FMLA., New Paid Sick Time Law Impacts Employers, JaburgWilk.com, 2020
- As a general rule, most out-of-state students are not eligible to file a petition to change their residency status for tuition purposes until they have resided in Arizona for at least twelve consecutive months. However, students are exempt from this requirement if they fall into one of the following categories:, Moving to Arizona? You May Qualify for In-State Tuition at Arizona Public Universities, JaburgWilk.com, 2020
- Federal law protects students from discrimination in the context of admissions, financial aid, academic programs, access to educational resources, student services, athletics, counseling and guidance, discipline, classroom assignments, and grading. Students who are subjected to discrimination often feel isolated. However, there are steps they can take to protect their rights., Bias in Education: Navigating Student Discrimination Claims in Arizona, JaburgWilk.com, 2020
- Employers are legally obligated to pay employees wages for the work they perform. However, there are unfortunately circumstances in which an employer may refuse to pay their employees. There are at least five things Arizona employees should know when an employer withholds wages., Wage Wars: Five Things Arizona Employees Should Know When an Arizona Employer Fails to Pay Wages, JaburgWilk.com, 2020
- School closures have led many parents to try to find alternative childcare options or, in some cases, miss work when no other options are available to them. So, are employers required to pay employees who miss work to care for their children? , Are Parents Entitled to Paid Leave while Arizona Schools Remain Closed due to COVID-19?, JaburgWilk.com, 2020
- Family First Coronavirus Act which is effective April 2, 2020. Included is guidance from both the Department of Labor as well as the IRS. We will continue to post relevant updated content on our COVID-19 page., Both DOL and IRS Issue Guidelines for Employers, JaburgWilk.com, 2020
- Although many other businesses remain fully operational, they are suffering the economic impacts. This has led many employers to face challenging decisions, including whether to lay off their employees., Co-Author, Seven Reasons Employers Should Not Lay Off Employees in Response to COVID-19, JaburgWilk.com, 2020
- The Families First Coronavirus Response Act is effective April 2, 2020. The law requires some employers to provide employees paid sick leave for COVID-19 related events and expands FMLA., The FMLA Expands to Cover More Employers, JaburgWilk.com, 2020
- In Teufel v. Am. Family Mut. Ins. Co., 244 Ariz. 383, 419 P.3d 546 (2018), the Arizona Supreme Court recently held that a Contractual Liability Exclusion in homeowner policies did not apply to a claim for negligent excavation against the Insured, an alleged builder-vendor, because the claim arose from the Insured’s alleged breach of a common law duty to construct a home as a reasonable builder rather than solely from the contract between the Insured and the plaintiff., Arizona Supreme Court Holds Contractual Liability Exclusion Does Not Apply to Breach of Duty to Reasonably Construct Home, JaburgWilk.com, 2019
- University students are often required to perform significant research and write numerous papers as part of their coursework. But what happens when a student fails to give credit to another author’s ideas or work?, I’m a Student Accused of Plagiarism: Now What?, JaburgWilk.com, 2020
- Determining whether a non-compete agreement is enforceable requires a fact specific inquiry and can only be accomplished on a case-by-case basis., Are Non-Compete Provisions Enforceable in Arizona?, JaburgWilk.com, 2020
- The #Metoo movement has shed substantial light upon issues surrounding workplace sexual harassment, especially in the context of superiors harassing their subordinates. But what happens when employees are harassed at work by someone who is not a coworker or not even an employee?, Third-Party Sexual Harassment: What Arizona Employees and Employers Need to Know, JaburgWilk.com, 2020
- The Arizona Board of Regents governs Arizona’s public university system, overseeing Arizona State University, Northern University of Arizona and the University of Arizona. The Board is required by law to establish uniform criterion for determining the residency status of students for tuition purposes., Can Out-of-State Students Qualify for In-State Tuition at Arizona Public Universities?, JaburgWilk.com, 2020
- In Dignity Health v. Farmers Ins. Co. of Ariz., 1 CA-CV-18-0292, 2019 WL1499855 (Ariz. App. June 11, 2019), the Arizona Court of Appeals recently held MedPay benefits are subject to health care provider liens because MedPay coverage does not qualify as “health Insurance” exempt from medical provider liens under A.R.S. § 33-931., Arizona Court of Appeals Holds MedPay Benefits Are Subject to Health Care Provider Liens, JaburgWilk.com, 2019
Other Outstanding Achievements:
- Ladder Down, 2017
- CALI Award Recipient Lodestar Mediation Clinic
Office location for Alden Thomas
1850 N. Central Ave
Suite 1200
Phoenix, AZ 85004
Selections
6 Years Rising Stars
- Rising Stars: 2020 - 2025