DOL And the Restauarant, Construction or Health Care Industries?
Are You in the Restaurant, Construction or Health Care Industries? If so, below is an excerpt from the most recent DOL in Action newsletter you need to read. Just like the IRS is doing with Independent Contractor misclassification Concerns, the DOL is doing with Wage and Hour, and Safety and Health concerns.
W. Garnett & Associates
Human Capital Management
1-888-884-3910
I-9 Notices of Inspection, ICE’s Third Round
This is ICE’s third round of immigration audits within the last year. The first round occurred on July 1, 2009, when ICE issued Notices of Inspection to 652 businesses. The second round of immigration audits occurred on November 19, 2009, affecting an additional 1,000 businesses nationwide.
W. Garnett & Associates
Human Capital Management
1-888-884-3910
Know the Rules Around Form I-9 Compliance
For each employee, an I-9 form must be completed within three days of the hiring date and held on file by the hiring company. If the employee is unable to furnish the needed documents, then he or she can be terminated. On the I-9 form there is a List A, which are documents that can establish both identity and authorization to work in the U.S. The employee only needs to furnish one of these items. If no items from List A are available, then one item from List B, which establishes identity only, and one item from List C, which establishes employment eligibility, must be provided.
W. Garnett & Associates
Human Capital Management
1-888-884-3910
A Boulder, CO Representative Wants to Penalize Employers
That’s why Rep. Claire Levy, D-Boulder, introduced a measure into the Colorado Legislature this session that would implement a new provision in discrimination cases tried in state courts that could leave small businesses liable for compensatory and punitive damages should they lose.
W. Garnett & Associates
Human Capital Management
1-888-884-3910
Husk Energy Failure to Pay the Required Minimum Wage and Overtime
Just last week the U.S. Department of Labor announced that Husk Energy, a petroleum refinery in Lima, Ohio, agreed to pay nearly $1,000,000 in back wages after an investigation by the Department of Labor in which it was found that its employees were not being paid overtime compensation.
W. Garnett & Associates
Human Capital Management
1-888-884-3910
$450,000 Fine Hits Landscape Company
According to the news release, 
Peach Tree Maintenance Inc. employed a combination of foreign and local workers. Twenty-four employees were hired under the federal H-2B “nonimmigrant program that permits employers to hire foreign workers to meet a temporary need for nonprofessional, nonagricultural skills.”
W. Garnett & Associates
Human Capital Management
1-888-884-3910
Common Mistakes and Avoiding FLSA Compliance
For some reason, many employers unwittingly run afoul of the FLSA just by carrying out what they deem to be commonsensical approaches to managing their employees. Need an employee to stay an extra hour or two so you promise that person equal “comp” time off, forget it—you’ve probably just committed wage theft by not paying overtime. Let’s examine some common mistakes like this one that employers make.
W. Garnett & Associates
Human Capital Management
1-888-884-3910
Steps Employers Can Take to Avoid Liability
Well-intentioned employers often find inadvertent paperwork errors or technical violations during their internal audits; some seemingly harmless errors and omissions are actually considered substantive violations that carry significant fines. For example, the failure of an employer to ensure that an individual employee checks the Form I-9’s box for “citizen,” “lawful permanent resident,” or “authorized to work until a specified date” is a substantive violation.
W. Garnett & Associates
Human Capital Management
1-888-884-3910
Administrative Employees vs. The Administrative Exemption
In fact, the administrative exemption only applies to a narrow group of employees – those whose primary duty is the performance of office or non-manual work directly related to the management or general business operations of the employer or the employer’s customers, and which includes the exercise of discretion and independent judgment with respect to matters of significance.
W. Garnett & Associates
Human Capital Management
1-888-884-3910
Southern Companies Under ICE Inspection Notice
There is no doubt that ICE is making a renewed effort to focus on holding employers accountable for their hiring practices. We expect more NOIs to be issued in the near future. We encourage employers to conduct internal I-9 audits and put their internal immigration compliance programs in order.
W. Garnett & Associates
Human Capital Management
1-888-884-3910
