ICE Confirms Deadline For Correcting Paperwork Errors

March 31, 2010 by wgarnett  
Filed under Wes' Blog

ICE categorizes I-9 errors into two groups: substantive verification failures and technical or procedural verification failures. Substantive errors arise when, for example, Section 2 of the form is not signed or when an employee fails to indicate his or her citizenship status. These errors are not subject to the 10-day correction period and an employer found in violation could face significant penalties.

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W. Garnett & Associates
Human Capital Management
1-888-884-3910

Eight Ways That a Firing May Be Illegal

March 31, 2010 by wgarnett  
Filed under Wes' Blog

Most employment is “at will,” which means an employee may be fired at any time and for any reason or for no reason at all. But there are a few important exceptions to the at-will rule — and legal remedies — that may help you hang on to your job or sue your former employer for wrongful termination.

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W. Garnett & Associates
Human Capital Management
1-888-884-3910

ICE Confirms Deadline For Correcting Paperwork Errors

March 31, 2010 by wgarnett  
Filed under Wes' Blog

Although only one page, compliance with form I-9 can be deceptively difficult. But meticulous compliance with the form’s requirements is essential to avoiding significant penalties down the road. To that end, employers should train the employees who administer the I-9 process. A good starting point includes requiring those employees to be familiar with the Handbook for Employers: Instructions for Completing Form I-9. The Handbook provides step-by-step instructions for completing the Form I-9 and can be found at the U.S. Citizenship and Immigration Services’ Web site: http://www.uscis.gov/files/nativedocuments/m-274.pdf. Prudent employers will also audit their existing I-9s to make sure they identify and address mistakes.

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W. Garnett & Associates
Human Capital Management
1-888-884-3910

Small Employers Face Compliance Crackdown

March 31, 2010 by wgarnett  
Filed under Wes' Blog

One giant target for federal enforcers is worker misclassification. Basically, that’s when you pay somebody as an independent contractor, thus avoiding the need to withhold payroll taxes, rather than as an employee. The new federal budget hands the U.S. Department of Labor an extra $25 million to pursue misclassification miscreants in a joint effort with the Treasury Department.

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W. Garnett & Associates
Human Capital Management
1-888-884-3910

The Pitfalls to Avoid With Wage and Hour

March 30, 2010 by wgarnett  
Filed under Wes' Blog

Unfortunately, the Mass. Wage Act and the federal Fair Labor Standards Act and their accompanying regulations are highly technical laws that carry many pitfalls for the unwary. Even employers who are conscientious about treating their employees fairly can run afoul of requirements of which they are unaware, potentially exposing both their companies and themselves to severe penalties. The purpose of this article is to alert small-business owners to some common mistakes employers make when attempting to implement the Massachusetts and federal wage-and-hour laws.

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W. Garnett & Associates
Human Capital Management
1-888-884-3910

Risks Still Abound In The Sexual Harassment Arena

March 28, 2010 by wgarnett  
Filed under Wes' Blog

According to the Equal Employment Opportunity Commission (EEOC), Sexual Harassment is defined as, “Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment when this conduct explicitly or implicitly affects an individual’s employment, unreasonably interferes with an individual’s work performance, or creates an intimidating, hostile, or offensive work environment.”

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W. Garnett & Associates
Human Capital Management
1-888-884-3910

Complaints Soar in Colorado Region Around Workplace Bias

March 28, 2010 by wgarnett  
Filed under Wes' Blog

Retaliation Claims And What You Need To Know

March 27, 2010 by wgarnett  
Filed under Wes' Blog

Title VII of the Civil Rights Act protects employees from retaliation in a variety of situations.  It says an employer cannot discriminate against an employee or applicant because they.

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W. Garnett & Associates
Human Capital Management
1-888-884-3910

DOL for FLSA Compliance is Targeting Denver Restaurants

March 27, 2010 by wgarnett  
Filed under Wes' Blog

The industry typically pays relatively low wages and employs workers who may not be aware of their rights under the FLSA, or how to complain when those rights are violated,” he said. “Many of them are recent immigrants to this country and may not speak English; some of them are simply young and new to the workforce.

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. Garnett & Associates
Human Capital Management
1-888-884-3910

There is Still Lots of ICE to Come

March 26, 2010 by wgarnett  
Filed under Wes' Blog

By whatever method ICE is tipped off, the results are the same – a worksite inspection of I-9 Forms that will most likely end up costing you tens of thousands of dollars in fines and penalties.  It will also cost your business many hours of lost productivity for HR employees and company executives dealing with the demands of the inspection, not to mention it is a public relations nightmare.

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W. Garnett & Associates
Human Capital Management
1-888-884-3910

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