Mere Paperwork Violations in I-9 Process Lead to $600,000 Fine

Even without any unauthorized workers in their workforce, employers can suffer significant penalties for not completing the Form I-9 correctly. In July, the Office of the Chief Administrative Hearing Officer (OCAHO), the court with jurisdiction to review I-9 penalties imposed by ICE, ordered Hartmann Studios, Inc., an event design and production company in California with [...]

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Are You a Joint Employer?

Today, the U.S. Department of Labor (DOL) issued guidance on joint employment in the form of an administrator’s interpretation. In addition to the guidance, they also published a post on the DOL Blog, Are you a Joint Employer? This interpretation is a wake-up call prompting companies to review their relationships with staffing agencies, labor providers, independent contractors, and subcontractors.

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Conquering the Background Check Tightrope - Avoid Missteps and Prevent a Fall

Banks are responsible for safeguarding their customers' assets. Hiring practices are no exception. The federal laws prohibiting financial institutions from hiring persons convicted of criminal offenses involving dishonesty or a breach of trust or money laundering require banks to conduct pre-employment background checks. An employer's right to screen applicants and employees and to take adverse employment actions based on screening results, however, has limits.

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Contractors: To Waive Or Not To Waive Consequential Damages?

A waiver of consequential damages is contained in many construction contracts. The American Institute of Architects, for example, has included a mutual waiver of consequential damages between the owner and contractor since at least 1997 and continues to do so today. (See, e.g., AIA A201-2007, at § 15.1.6). But what does such a waiver mean and is it a good thing for contractors to give up a right to recover consequential damages?

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Home Health Care Providers -- the Companionship Exemption Roller Coaster Continues

Today a U.S. appeals court again took the Companionship Exemption out of the home health care employers' tool box. The Court upheld a Department of Labor regulation limiting the home health care employer's ability to classify employees as exempt from minimum wage and overtime under the Fair Labor Standards Act. If not appealed, the ruling will mean that home health care employment agencies and other third-party employers are required to pay the minimum wage and overtime to domestic workers providing in-home care for the elderly, sick or disabled.

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