Understand and navigate the government’s amplified focus on undocumented workers to protect your business from escalating fines, jail time, delay damages and back-charges
Originally Published on ForConstructionPros.com...more
7/12/2018
/ Business Interruption ,
Construction Industry ,
Construction Workers ,
Deportation ,
Employer Liability Issues ,
Employment Eligibility Verification ,
Enforcement Actions ,
Form I-9 ,
Hiring & Firing ,
Immigration and Customs Enforcement (ICE) ,
Immigration Enforcement ,
Immigration Procedures ,
Immigration Reform ,
Raids ,
Risk Management ,
Trump Administration ,
Undocumented Immigrants ,
Voluntary Self-Audit
Since at least 2008, Flood, Fire, Famine and Pestilence have ravaged the construction workforce across America. In the downturn, many workers left the industry never to return. Others left the U.S. and have not returned....more
Discrimination based on sex is illegal. Does that include sexual orientation? It depends on where you live. In Texas, discrimination based on sexual orientation may be inappropriate, but it is not illegal. Elsewhere in the...more
3/1/2018
/ Civil Rights Act ,
Employer Liability Issues ,
Employment Litigation ,
Equal Employment Opportunity Commission (EEOC) ,
Gender Discrimination ,
Gender Identity ,
Gender Neutral ,
Hiring & Firing ,
LGBTQ ,
Protected Class ,
Sex Discrimination ,
Sexual Orientation ,
Sexual Orientation Discrimination ,
Title VII ,
Transgender
Whatever your political views, undocumented workers and the businesses that knowingly or unknowingly employ them are coming under the microscope.
If you compile recent headlines, you’ll know the President has implemented...more
7/17/2017
/ Audits ,
Construction Industry ,
E-Verify ,
Employer Liability Issues ,
Employment Eligibility Verification ,
Form I-9 ,
H-2B ,
Hiring & Firing ,
Immigration and Customs Enforcement (ICE) ,
Immigration Enforcement ,
Raids ,
Trump Administration ,
Undocumented Immigrants
The days of the lone landman driving around the back roads taking leases and visiting courthouses are becoming a thing of the past. Though there are still a few independent landmen who fit this mold, clients have demanded...more
On March 13, 2014, President Barack Obama issued a presidential memorandum directing the Secretary of Labor to “modernize and streamline the existing overtime regulations”. The Department of Labor (DOL) took action and, in...more
11/30/2016
/ Department of Labor (DOL) ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Final Rules ,
Minimum Salary ,
Non-Exempt Employees ,
Obama Administration ,
Over-Time ,
Preliminary Injunctions ,
Trump Administration ,
Wage and Hour ,
White-Collar Exemptions
Thinking about changing an employee policy in Texas? Kubala v. Supreme Production Services, Inc. says you can do it (almost) whenever you want. Want to make employees arbitrate their disputes? You can do that too....more
For the last year, the U.S. Department of Labor (DOL) has been working on proposed rule changes related to overtime exemptions. These changes are designed to substantially decrease the number of employees who are exempt from...more
President Obama is expected to sign the Defend Trade Secrets Act of 2016 (DTSA), which was passed by Congress at the end of April 2016. This law could impact your property protection, litigation and employment law strategies....more
5/9/2016
/ Asset Seizure ,
Confidential Information ,
Defend Trade Secrets Act (DTSA) ,
Employment Contract ,
Ex Parte ,
Intellectual Property Protection ,
Misappropriation ,
Pending Legislation ,
Popular ,
Private Right of Action ,
Trade Secrets
Who does it apply to: Part of the protection comes from Title VII, which applies to employers with 15 or more employees. An overlapping part of the protection comes from the Immigration Reform and Control Act (IRCA), which...more
Who, What, Why . . .
Who does it apply to: The law applies to all employers regardless of size.
What is the issue: The Civil Rights Act of 1866 was passed to prohibit racial discrimination in contracts of...more
Who does it apply to: The Texas Election Code rules for employee voting rights and time off apply to all Texas employers. Can I do it myself: Who is protected: All employees, including temporary or seasonal workers, are...more
It’s common knowledge: Fair Labor Standards Act audits from the U. S. Department of Labor and lawsuits from workers for overtime violations are coming faster than a blitzing safety on a third and long.
Native Oilfield...more
9/30/2015
/ Attorney's Fees ,
Collective Actions ,
Department of Labor (DOL) ,
Energy Sector ,
Fair Labor Standards Act (FLSA) ,
Halliburton ,
Lay-Offs ,
Oil & Gas ,
Statutory Damages ,
Unpaid Overtime ,
Wage and Hour
Who does it apply to: The law applies to all employers with 15 or more employees. What is the issue: Title VII was passed in the 1960s to protect against discrimination based on race, color, religion, sex or national origin....more
8/20/2015
/ Discrimination ,
Disparate Impact ,
Disparate Treatment ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Freedom of Religion ,
Labor Code ,
Popular ,
Religious Discrimination ,
Tattoos ,
Title VII
Who does it apply to: The Jurors Right to Reemployment Act and the Jury System Improvement Act of 1978 applies to all employers in Texas. These laws protect the employment status of those employees serving jury duty in either...more
Who does it apply to: The law applies to all employers with 15 or more employees.
What is the issue: Title VII was passed in the 1960s to protect against discrimination based on race, color, religion, sex or national...more
Who does it apply to: The law applies to all employers with 15 or more employees.
What is the issue: It is against the law to discriminate against an employee or a prospective employee based on a disability the person...more
On November 17, a federal jury returned a verdict against AutoZone in favor of a single plaintiff for the insane amount of $185,000,000.00 in punitive damages. The plaintiff alleged gender and pregnancy-related harassment,...more
The EEOC is back at it! This time it has targeted corporate wellness programs and is challenging the legality of such programs under the ADA. The EEOC contends that the biometric testing and health risk assessments are...more
Who, What, Why . . .
Who does it apply to: It is up to you. A business with two employees might benefit from an employee handbook. A business with 100 might function fine without one. There are no legal rules about...more
On September 25, 2014, the EEOC filed lawsuits in Florida and Michigan accusing employers of discriminating against transgendered employees. These are the first two cases ever filed seeking to protect transgender workers...more
Retail stores cannot force an employee to work seven consecutive days without giving the employee one day off to worship or rest. Like the ADA, retail stores must also accommodate the religious beliefs of employees unless it...more
According to the Patient Protection and Affordable Care Act, all employers with more than 50 employees nationwide are required to comply. Employers with less than 50 employees may not comply if it would be an undue hardship....more
The Fifth Circuit Court of Appeals recently updated employees’ guide to southern manners. Don’t worry, employees should still say “yes ma’am” and “no ma’am.” But you know the old saying that you should never discuss politics...more
What is the issue: Title VII was passed in the 1960’s to protect against discrimination based on race, color, religion, sex or national origin. Since that time, other laws have been passed adding protection against...more