Working Off-the-Clock Can Be Costly
The U.S. Department of Labor’s Wage and Hour Division (WHD) recently made major back wage recoveries from two Florida employers for work performed by hourly employees outside of their regular shifts.
W. Garnett & Associates
Human Capital Management
1-888-884-3910
Wage and Hour Claims Hits The Healthcare Industry
The stakes are even higher for healthcare employers. Wage and hour class actions targeting hospitals and other healthcare employers have literally exploded over the past several years, increasing by 35 percent between 2008 and 2009 alone. That number is expected to double this year.
W. Garnett & Associates
Human Capital Management
1-888-884-3910
Are You On The Right Side of Wage and Hour Laws?
Amongst the many responsibilities for which those in HR are accountable, keeping up-to-date with current employment legislation is, of course, one of the most important. With one third of respondents who took part in a recent survey of legal and HR professionals reporting a claim for non-compliance with wage and hour laws, and a 2010 litigation report predicting that the trend towards such lawsuits looks set to increase, however, never has it been more important for HR professionals to keep their eye on the ball.
W. Garnett & Associates
Human Capital Management
1-888-884-3910
Form I-9 Compliance Management
In the past, the employment verification process has been riddled with problems such as errors resulting from illegible writing, incorrectly completed forms, expired forms, and employers were overwhelmed with managing the mounds of paperwork involved. Non-compliance results in government audits and stiff financial penalties so employers are forced to search for ways to set up a more efficient Form I-9 management process while working toward adopting a paperless solution. The rules are now strictly enforced by the Department of Homeland Security and if a company is audited and found to be non-compliant, reasons such as ignorance or oversight are no longer acceptable.
W. Garnett & Associates
Human Capital Management
1-888-884-3910
Disability Discrimination in the Workplace
One of the most important civil rights in America is the right to find, choose, and hold employment without discrimination against one’s nationality, race, color, religion, gender, sexual preference, marital status, age, and disability. Despite the laws that were created to protect people from such discrimination, many are still being discriminated especially in the workplace. On top of this is the discrimination against people with disabilities. If you have experienced disability discrimination in the workplace, here are some pieces of important information you need to know in order for you to handle it effectively.
W. Garnett & Associates
Human Capital Management
1-888-884-3910
5 Quick Tips For Form I-9 Compliance
By now, you know that the US government has been performing widespread investigations and audits of employers to crack down on employment of undocumented noncitizens. You should also be aware that you must maintain Form I-9, an employment authorization verification form issued by the United States Citizenship and Immigration Service (USCIS), for all your workers.
W. Garnett & Associates
Human Capital Management
1-888-884-3910
ICE Fines Abercrombie & Fitch
Brian M. Moskowitz, special agent in charge of ICE HSI for Ohio and Michigan, noted that “[e]mployers are responsible not only for the people they hire but also for the internal systems they choose to utilize to manage their employment process and those systems must result in effective compliance.” Mr. Moskowitz went on to state that “the settlement should serve as a warning to other companies that may not yet take the employment verification process seriously or provide it the attention it warrants.”
W. Garnett & Associates
Human Capital Management
1-888-884-3910
Face the Consequences When Misclassifying Employees
Wage and hour law violations are already one of the most common causes of employment litigation and regulatory audits, and now the U.S Department of Labor along with multiple states, have announced new legislation and enforcement guidelines. It is more important than ever that employers ensure that all employees are correctly classified as exempt or non-exempt and are paid accurately according to the classification.
W. Garnett & Associates
Human Capital Management
1-888-884-3910
When Hiring Temporary Employees Avoid These Top 5 Form I-9 Mistakes
When hiring temporary employees, Human Resources managers risk putting their company’s E-Verify and Form I-9 compliance in jeopardy if they make any of these common I-9 mistakes.
W. Garnett & Associates
Human Capital Management
1-888-884-3910
Is Your Company Willing to Risk a 1/4 of a Million Dollars?
The U.S. Department of Justice announced they reached a $257,000 settlement with Catholic Healthcare West (CHW) to resolve allegations the company engaged in a pattern or practice of citizenship status discrimination during the process of hiring new employees.
During the investigation, the Department of Justice (DOJ) determined there was reasonable cause to believe CHW required non-U.S. citizens and naturalized U.S. citizens to present more work authorization documents than required by the Form I-9. The anti-discrimination provision of the Immigration and Nationality prohibits treating individuals differently based on national origin or citizenship status.
What Is the Risk to My Company?
You need to know the Department of Justice is aggressively enforcing anti-discrimination provisions utilizing high-profile investigations against employers such as Macy’s, Morton’s Steakhouse, and other employers.
Many employers do not fully understand the law and may find themselves at risk when they fully believe they are just trying to protect themselves from hiring illegal workers.
There are important steps every employer must take to insure they are not only complying with the requirements of the I-9 process but are also not overstepping the antidiscrimination provisions of the law.
What Your Company Must Do Today to Avoid I-9 Compliance Fines
- Order an independent review of your company’s I-9 process and procedures. A qualified I-9 consultant will identify areas of concern and recommend best practices to protect your business.
- Establish a training program for your hiring staff.
- Appoint a Compliance Manager in your company who is responsible for monitoring the entire Form I-9 process.
- Use the most secure Form I-9 electronic completion and storage product.
- Utilize the expertise of a qualified advisor. An incomplete or incorrect Form I-9 process is putting your company at risk. Giving the Form I-9 t the attention it deserves can give you the peace of mind to focus on your business and not your I-9 compliance issues.
Take action today…don’t be complacent!
