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Warning: Whistleblowers Must be Handled with Care

by Martin Salcedo, Esq. - The Human Equation on 6/4/2014
judge's gavel

Though dealing with a disgruntled employee can be hard, various anti-retaliation protections make it even harder when an employee’s complaints or conduct is protected by law. A 2013 Congressional Report identified 40 different federal whistleblower and anti-retaliation laws, including:

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The New Form I-9: What’s Different?

by Martin Salcedo, Esq. - The Human Equation on 4/30/2013
paperwork

Those of you following us on Facebook or Twitter know that the U.S. Citizenship and Immigration Service (USCIS) recently revised the Employment Eligibility Verification Form (Form I-9). Though optional since early March 2013, the revised Form I-9 will become mandatory on May 7, 2013. As of this date, employers must stop using prior versions of the Form I-9 and begin using the version dated 03/08/13. (The version date can be found at the bottom of the form.)

I-9’s are used by employers to verify the identity and employment authorization of every new employee hired in the United States, regardless of citizenship. This process is authorized by the Immigration Reform and Control Act to preclude the unlawful hiring, recruiting or accepting a fee for the referral of aliens who are not authorized to work in the United States. More...

Individual Liability under the Fair Labor Standards Act

by Martin Salcedo, Esq. - The Human Equation on 4/3/2013
alarm clock

Did you know that individuals can be held personally liable for violations of the Fair Labor Standards Act (FLSA)? The FLSA’s broad definition of employer includes “any person acting directly or indirectly in the interests of an employer in relation to an employee.” The Eleventh Circuit Court of Appeals recently considered when it is appropriate to hold someone personally liable for wage and hour violations under the FLSA.

In Lamonica v. Safe Hurricane Shutters, Inc., former employees sued their employer to recover unpaid overtime wages under the FLSA. The employees also sued two of the corporate-employer’s directors, arguing that they sufficiently controlled the corporation to justify holding them personally liable under the FLSA. To support their case against the directors, the employees showed that: More...

Remember the HIRE Act!

by The Human Equation, Inc. on 6/17/2010

Despite the passage of the Hiring Incentives to Restore Employment Act, or HIRE Act, some employers are not taking advantage of the benefits afforded by the law. More...

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Categories: 2010

Hiring Right the First Time...And Every Time

by The Human Equation, Inc. on 3/17/2010

It is essential to build the right workforce to implement your organization’s business strategies. More...

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Categories: 2010

Diversity Training and Investigation May Save Employer from Hostile Work Environment Claim

by The Human Equation, Inc. on 1/14/2010

Diversity in the workplace is a good thing. When men and women of different races, religions, ethnicities, and ages work together in an environment of tolerance and respect, the possibilities are limitless. More...

Use of Revised Form I-9 DELAYED!

by The Human Equation, Inc. on 2/2/2009

The U.S. Citizenship and Immigration Service (USCIS) announced that it has delayed the implementation of the revised Form I-9 for 60 days--until April 3, 2009. More...

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Categories: 2009

Employers Must Use Revised Form I-9 as of February 2, 2009

by The Human Equation, Inc. on 1/28/2009

Now that employers across the country have finally become proficient in using the Employment Eligibility Verification Form—Form I-9—after its last revision in December 2007, the U.S. Citizenship and Immigration Service (USCIS) determined that Form I-9 was due for yet another revision.  More...

Job References

by The Human Equation, Inc. on 10/6/2008

A former employee is currently interviewing for a new job, and the prospective employer is now asking me for a reference. More...

Firing easy for Trump, dangerous for others - "The two riskiest things an employer can do are hire or fire somebody," one Blacksburg attorney said.

by Don Simmons Jr. - Reprinted with permission from The Roanoke Times April 15th, 2004, www.roanoke.com. on 12/31/2003

PULASKI - "You're fired."

How easily that haunting phrase rolls off the tongue these days.

Those two little words have launched New York City impresario Donald Trump back into the limelight. More...

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Categories: 2004

The Human Equation's newsletters and publications are intended as an information source for the clients and friends of the firm. Their content should not be construed as legal advice, and readers should not act upon the information in these publications without professional guidance. Please note that newsletters and publications that are archived by The Human Equation are not updated after initial publication and may not contain the most current information available.

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