How ICE Can Freeze Your Business Operations!

Posted on March 26th, by Editor in Audits/Due Diligence, Counseling & Compliance Training. Comments Off on How ICE Can Freeze Your Business Operations!

By: Pascal Benyamini

ICE, the U.S. Immigration and Customs Enforcement, was formed in 2003 “as part of the federal government’s response to the 9/11 attacks and its mission is to protect the security of the American people and homeland by vigilantly enforcing the nation’s immigration and customs laws.” With an annual budget of more than $5 billion and more than 19,000 employees in over 400 offices in the U.S. and around the world, ICE is the largest investigative agency in the United States Department of Homeland Security.  ICE may conduct raids or sweeps at a particular place of business. ICE can also send Notices of Inspections to employers to alert them that it will be inspecting their I-9s and hiring records to determine whether or not they are complying with employment eligibility verification laws and regulations.  ICE’s increased focus is on holding employers … Read More »


Revised guidelines for both employers and veterans regarding the Americans with Disabilities Act

Posted on March 15th, by Editor in Counseling & Compliance Training. Comments Off on Revised guidelines for both employers and veterans regarding the Americans with Disabilities Act

By: Marion Cooper

On February 28, 2012, the U.S. Equal Employment Opportunity Commission (“EEOC”) announced the publication of revised guidelines for both employers and veterans regarding the Americans with Disabilities Act (the “ADA”).  The new publications address changes to the ADA’s definition of the term “disability”, which was broadened under the ADA Amendments Act of 2008 to include, among other conditions, a wider range of military service related disabilities such as traumatic brain injury and post-traumatic stress disorder.  Before the amendments, the ADA’s definition of the term “disability” had been construed narrowly, significantly limiting the law’s protections.

With large numbers of veterans returning from service in Iraq and Afghanistan, attention is now being focused on veterans’ challenges in obtaining and successfully maintaining civil employment.  According to the EEOC, approximately “25 percent of recent veterans report having a service-connected disability, as compared to … Read More »


EEOC Discrimination Charges Reach Record High

Posted on March 15th, by Editor in Counseling & Compliance Training. Comments Off on EEOC Discrimination Charges Reach Record High

By: Aaron M. Moyer

According to the EEOC’s recently released statistics, the Commission received a record number of new employment discrimination charges last year.  For fiscal year 2011, the Commission received 99,947 charges of employment discrimination.  The Commission also obtained $455.6 million in relief, another record high.  This is a $51 million increase from the previous year and continues the upward trend of the past three years.

The statistics provided by the EEOC offer employers some guidance on the hottest issues before the Commission right now:

• Charges alleging retaliation under all of the statutes enforced by the EEOC were the most numerous, accounting for 37.4% of all charges.
• The agency’s enforcement of disability claims under the ADA resulted in a total of $103.4 million of the total $455.6 million obtained.
• The most common alleged disabilities were back impairments, orthopedic impairments, … Read More »


NLRB Clarifies Standards to be Applied to Claims Involving Employee Use of Social Media

Posted on March 14th, by Editor in Counseling & Compliance Training. Comments Off on NLRB Clarifies Standards to be Applied to Claims Involving Employee Use of Social Media

By: Jerrold J. Wohlgemuth

Acting General Counsel Lafe Solomon recently issued an NLRB Report clarifying the standards to be applied to claims involving employee use of social media.  The Report, which summarized recent cases concerning employer policies restricting employee use of social media, like Facebook, as well as cases involving discipline imposed in response to postings on social media, makes clear that the Board will apply traditional analysis to issues concerning social media.

With respect to employer policies addressing the use of social media, the cases show that the Board’s focus will be on whether the policy in question “would reasonably tend to chill employees in the exercise of their Section 7 right” to engage in protected concerted activity.  Employer policies will be found to be unlawfully overbroad to the extent they directly prohibit using social media to discuss terms and conditions of employment, or could “reasonably be construed by … Read More »




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