http://wgarnett.com Human Capital Management Solutions For The REAL World Wed, 10 Mar 2010 15:37:50 +0000 http://backend.userland.com/rss092 en 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. Link to article W. Garnett & ... http://wgarnett.com/wes-blog/i-9-notices-of-inspection-ices-third-round/ 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, ... http://wgarnett.com/wes-blog/know-the-rules-around-formi-9-compliance/ 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. Link to article W. Garnett & Associates Human Capital Management 1-888-884-3910 http://wgarnett.com/wes-blog/a-boulder-co-representative-wants-to-penalize-employers/ 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. Link to the ... http://wgarnett.com/wes-blog/failure-to-pay-the-required-minimum-wage-and-overtime/ 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.” Link to article W. Garnett & Associates Human Capital Management 1-888-884-3910 http://wgarnett.com/wes-blog/450000-fine-hits-landscape-company/ 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 ... http://wgarnett.com/wes-blog/common-mistakes-and-avoiding-flsa-compliance/ 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 ... http://wgarnett.com/wes-blog/steps-employers-can-take-to-avoid-liability/ 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 ... http://wgarnett.com/wes-blog/administrative-employees-vs-the-administrative-exemption/ 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. Link to ... http://wgarnett.com/wes-blog/southern-companies-under-ice-inspection-notice/ Maybe you're going to a competitor or maybe the boss is annoyed you're leaving. Or maybe the company doesn't want you hanging around reminding everyone you're heading to something bigger and better. Whatever the reason, the company can send you out the door with nary a penny more than what ... http://wgarnett.com/wes-blog/goodbye-cake-or-just-plain-goodbye/