In the time that I have worked as an HR Consultant, I have stumbled upon a large amount of employers who do not know how to properly fill out their I-9 (Employment Eligibility Verification) documents. This poses a rather large problem in the event that an Immigration and Customs Enforcement (ICE) agent would come through the doors for a file audit, because each incorrectly filled out I-9 will cost an organization between $100-1000 in fines and penalties. Therefore, a company with only 50 employees could be looking at fine amounts in excess of $50,000. Avoiding fines of this nature can actually be very easy. However, it does necessitate that you follow a few simple rules about I-9 compliance. Document Appropriate[…]

The U.S. Equal Employment Opportunity Commission (EEOC) is the federal agency responsible for enforcing federal laws relating to employment discrimination.  In most situations, employees are required to “exhaust administrative remedies” (i.e., file a complaint with the EEOC) before they can file suit against their employer. The EEOC refers to an employee complaint of discrimination as a “charge of discrimination” or simply a “charge” for short. The first thing to recognize when you receive notice of such a charge is that it does not mean that the EEOC is accusing you of anything or that federal government has filed “charges” against you in any way.  Every employee complaint is treated as a “charge” and the employer is always given notice of[…]

The New York Times published an article with a headline that made me, as a business owner, uneasy; and, it made me, as an attorney, worried for my clients.  The article was entitled Layoffs Herald a Heyday for Employee Lawsuits and it informs us that as more workers are being let go due to the economy and corporate layoffs, they are more inclined to sue their former employers for having been unfairly or wrongfully dismissed. The Texas Workforce Commission is displaying this quote on its unemployment insurance web page – “The Texas Workforce Commission is experiencing extremely high call volume. Many states across the nation are facing the same challenges due to recent federal extensions of unemployment insurance benefits. Due[…]

Employment law issues were among the first measures considered by the 111th Congress in the New Year.  Specifically, on Friday, January 9, 2009, the House of Representatives passed two bills aimed at ensuring equal pay for equal work: the Lilly Ledbetter Fair Pay Act and the Paycheck Fairness Act. While these bills must still pass the Senate and be approved by the President, President-Elect Obama has previously voiced his support of the measures. Lilly Ledbetter Fair Pay Act: Rep. George Miller YouTube Video https://www.youtube.com/watch?v=k0gjg-W8U9w Lilly Ledbetter Fair Pay Act Notably, the Lilly Ledbetter Fair Pay Act would reverse the 2007 Supreme Court ruling that now makes it difficult for victims of discrimination to pursue claims.  The bill clarifies that every[…]