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
Number One Spot in EEOC Complaints – Retaliation Claims
The reason for the rise in retaliation claims is simple – they are easier to prove and the damage awards are often higher than claims of discrimination. Retaliation claims typically assert that an employer took some adverse action against an employee, because the employee exercised a legal right, such as filing a discrimination claim. Courts often rule in favor of employees in the retaliation part of their lawsuits, even when the underlying discrimination claim is dismissed.
W. Garnett & Associates
Human Capital Management
1-888-884-3910
Denver Hotel Faces Discrimination Lawsuit
The Brown Palace Hotel
is at the center of a sex discrimination lawsuit filed by the Equal Employment Opportunity Commission.
W. Garnett & Associates
Human Capital Management
1-888-884-3910
After Signing a Release can an Employee Sue?
The release is supposed to settle all claims and ensure everlasting peace. But employees may have second thoughts and sue you anyway. That’s when some employers learn a costly lesson: A signed release doesn’t always block a wrongful dismissal suit.
W. Garnett & Associates
Human Capital Management
1-888-884-3910
Are You an HR Person With an I-9 Mess on Your Hands?
While you may be a very capable Human Resources expert concerning Form I-9 issues, what if your predecessor was not? Your company may be at tremendous risk because ICE auditors will not only look at your current I-9 forms, but will also request all of your terminated employees’ forms for the past 3 years.
How many costly I-9 compliance mistakes have been made that you may not be aware of? We encourage you to take a look at your I-9 files on a regular basis. You may be shocked at what you find.
If you have inherited an I-9 mess, it may be quite difficult to take those concerns to your boss. However, you must take a proactive approach to make a good-faith effort to correct the documentation in order to avoid serious government fines.
Form I-9 Compliance Action Steps
- Realize the Form I-9 is not as simple as it may appear and that fines for basic clerical mistakes start at $110.00 per form, per employee.
- To help your boss understand the serious consequences of Form I-9 violations, emphasize employment eligibility verification is a legal requirement and non-compliance could result in substantial fines for the company. The best way to avoid disaster is to focus on a full scale clean up of company I-9 procedures.
- Get help! You probably wouldn’t think of auditing the company’s tax records by yourself and you certainly should not consider auditing I-9 compliance by yourself. Over the years, the requirements of the Form I-9 have changed and it is important that any retroactive attempt at compliance be done within the constraints of the law.
- Consider electronic completion and storage options. This may be the best approach to cleaning up the I-9 mess in your file cabinets.
- Identify and document “best practices” for moving forward in full compliance. A qualified I-9 specialist can help develop the right procedures and practices for your business.
Things Have Changed with E-Verify
“On Sunday, June 13th, U.S. Citizenship and Immigration Services (USCIS) rolled out what it claimed to be a newly-designed, improved and user-friendly E-Verify, continuing its promotion and marketing of the E-Verify system with its announcement of a system-wide redesign. The GT compliance team agrees that the look and feel of E-Verify has substantially improved with this update, along with the number of tools now available to employers to track alerts and close cases.”
W. Garnett & Associates
Human Capital Management
1-888-884-3910
Child Labor Violations Hits a Phoenix McDonalds Restaurant
The department reported that Bill Taylor, president of B&D Taylor Inc., which owns the McDonald’s on Sweet Air Road in Phoenix, has paid $20,502.05 in back wages to five workers, two of whom are still in his employ. The workers were not compensated for overtime hours, federal officials said. The company will also pay $9,990 in penalties for violating restrictions on the hours minors can work and tasks they can perform, officials said. Taylor could not be reached for comment Tuesday.
W. Garnett & Associates
Human Capital Management
1-888-884-3910
Guide to the Americans with Disabilities Act (ADA)
This act is very considerate of people with disabilities, and it allows disabled people to receive the conditions they need to be able to work. For example a diabetic person can stop and eat or check blood sugar levels when needed. There are many considerate parts of this act such as buildings must be made accessible to people with disabilities and blind people must be read bulletins to. Â This act qualifies people with disabilities as people with a “mental or physical impairments that substantially limits one or more major life activities” (FAADA).
W. Garnett & Associates
Human Capital Management
1-888-884-3910
Workplace Retaliation – What is it?
In the United States, for instance, there are a number of laws that specifically address workplace retaliation. In short, most of the laws that grant employee rights contain provisions that prohibit reprisals when employees assert those rights. To be considered retaliation, an employer’s action usually must have a negative effect on someone’s employment situation.
W. Garnett & Associates
Human Capital Management
1-888-884-3910
Avoid Discrimination Lawsuits – Follow Simple Steps
As the saying goes, you get what you pay for. Employment discrimination lawsuits commonly cost tens of thousands to those who win them and hundreds of thousands more to those who don’t.
Employers face damages for lost wages, emotional injuries, an employee’s legal fees, and more. They can be ordered to train employees or submit to state oversight of their policies. Worst of all for defendants in employment discrimination lawsuits, they ultimately realize that the whole mess was preventable.
W. Garnett & Associates
Human Capital Management
1-888-884-3910
Employers Best Defense is a Good Offense – Good Faith Compliance
In other words, if you complete the Form I-9 correctly for every new hire and you do not acquire constructive knowledge and you use E-Verify, you will be able to demonstrate “good faith” in complying with the law. You should not have to worry about going to jail or going bankrupt if your business is the subject of an I 9 audit or raid by ICE (Immigration and Customs Enforcement).
W. Garnett & Associates
Human Capital Management
1-888-884-3910
