When ICE Comes Knocking, It May Be Snowing Form I-9 Fines
Immigration is a hot topic – again. Arizona’s stringent new immigration law was challenged by the Obama administration, suggesting, among other arguments, pre-emption of federal immigration laws. Judge Susan Bolton of the Federal District Court in Phoenix issued a preliminary injunction against some of the more controversial sections of Arizona’s law. Under Judge Bolton’s ruling Arizona state police cannot make it a state crime to fail to carry immigration documents. Judge Bolton further held that Arizona state police officers who have not been trained under Section 287(g) of the Immigration and Nationality Act may not check a person’s immigration status while enforcing other laws.
W. Garnett & Associates
Human Capital Management
1-888-884-3910
Giving a Glowing Reference to Employee Fired for Cause Is A Trap To Avoid
“[Jane Smith] was employed as a manager at our [Victoria] location from June 2000 until June 2009. Her duties included managing a staff of seven employees. . . Jane is an excellent sales person and would be a valuable addition to any retail business looking for an honest and dedicated employee.”
W. Garnett & Associates
Human Capital Management
1-888-884-3910
DHS New I-9 Regulations Penalties and Fines
Maintaining compliance with I-9 rules and regulations is not just good business sense—it’s the law. There are severe legal repercussions for employers who do not maintain compliance, including costly fines and possible criminal prosecution, depending upon the infraction.
W. Garnett & Associates
Human Capital Management
1-888-884-3910
What’s The Big Deal About Talent Acquisition Compliance?
Organizations are becoming familiar with the strategic nature of employing a “flexible” or contingent infrastructure and utilizing it to help them get back on track with growth initiatives following the recession. This strategic growth and vision brings many risks that are amplified with certain steps that our government is taking.
W. Garnett & Associates
Human Capital Management
1-888-884-3910
Wage And Hour Compliance Costly Mistakes
In fact, that legislation spawned the appearance of mandated labor law posters in the workplace. Then, as additional labor and employment laws were passed over the decades, including the landmark Civil Rights Act of 1964 and then the Occupational Safety and Health Act (OSHA) in 1970, the posters began multiplying, and soon an entire labor law poster compliance industry was born, spearheaded in large part by Personnel Concepts in California, to this day still the industry’s premier provider.
W. Garnett & Associates
Human Capital Management
1-888-884-3910
Lawsuits Are On The Rise – Wage And Hour
As the recession has worsened, employers have looked deeper and deeper into their budgets for ways to cut costs. Things that once seemed critical to good business now often seem like luxuries. One of the things that often gets sacrificed is training. Ironically, taking a look around at the headlines lately, it quickly becomes clear that training is more important than ever during this recession.
W. Garnett & Associates
Human Capital Management
1-888-884-3910
Wage And Hour Five Costly Compliance Mistakes
Misclassifying employees as exempt when they are actually non-exempt and subject to overtime pay. Employers often think that just by paying someone a salary, you can make that person exempt from overtime and avoid paying for hours worked beyond 40 a week. Paying a salary, according to the FLSA and the clarifying Fair Pay Overtime Rules of 2004, however, is just one part of the equation in granting an employee an overtime exemption.
W. Garnett & Associates
Human Capital Management
1-888-884-3910
The Fair Labor Standards Act (FLSA) – Hotels and Motels
The primary function of a hotel or motel is to provide lodging facilities to the general public. In addition, most hotels or motels provide food to guests and many sell alcoholic beverages. These establishments may also earn revenue from other activities such as valet services offering cleaning and laundering of garments for guests, news stands, and renting out rooms for meetings, lectures, trade exhibits, and weddings.
W. Garnett & Associates
Human Capital Management
1-888-884-3910
I-9 Compliance Challenges
While the June 2010 ICE Strategic Plan reaffirmed the focus of the agency’s resources on the enforcement of I-9 compliance through more aggressive audits and the application of civil and criminal sanctions, the Office of Special Counsel (“OSC”) of the Department of Justice (“DOJ”) has also signaled an increase in its efforts to stop discriminatory practices by employers in the I-9 process.
W. Garnett & Associates
Human Capital Management
1-888-884-3910
Is Your Employer Misclassifying your job?
It’s no secret that the current economic downturn has affected everyone – especially employers who are looking for ways to save money. Unfortunately, some employers are violating the Fair Labor Standards Act (FLSA) in the process. So, what are your rights and can you fight back without losing your job?
W. Garnett & Associates
Human Capital Management
1-888-884-3910
