Employment Law: The New Reality


There’s a new legal landscape that employers face, and it ain’t pretty. More and more actions against employers appear every day. While I’m completely for fair practices in the workplace and protecting the rights of workers, keeping up with the federally mandated changes can be a nightmare. Consider the following:

  • Recent press releases from the Equal Employment Opportunity Commission (EEOC) feature lawsuits against employers alleging violations of Title VII, The ADA, FMLA, or the Age Discrimination in Employment act. In fact, the EEOC has requested an $18 million dollar budget increase for 2012, earmarked for restoring enforcement and legal staffing positions, expanding training, and modernizing their technology (click here for their Fiscal Year 2011 Congressional Budget Justification). You can bet this is a cause for concern to every business owner!
  • The Internal Revenue Service (IRS) and Immigrations and Customs Enforcement (ICE) are stepping up activities against employers      who allegedly mis-classify workers (1099 vs. Employee) or have violated I-9 provisions by employing undocumented workers. Additionally, the IRS is using audits as a basis for launching criminal investigations, and the two departments have launched joint operations against business owners (see this article on a recent joint IRS, DHS, and ICE raid on Chuy restaurants in AZ and CA).

Mistakes in these areas can lead to costly fines, expensive litigation, and even having criminal charges filed against unsuspecting business owners. There has never been a greater need to protect yourselves, and in the process protect your employees. Consultation with competent legal, tax, and immigration experts is critical, something that every business owner needs.

Get in touch with me and let’s talk about the various options available to help maximize your existing resources, and grant you access to consultants to plug the holes in your existing protection strategy. Don’t let something happen and end up saying “I wish I had” instead of “I’m glad I did!”

You can contact me in my office at 646-340-8087, or you can leave a comment with your contact info below. I look forward to hearing from you!

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2 thoughts on “Employment Law: The New Reality

    • Your experience is one so many have faced in one form or another, Noeleen. While I wrote my post from the perspective of protecting employers from being blindsided by the ongoing changes in the legal landscape here in the States, I’m also a staunch advocate of protecting employees’ rights. That’s the reason I chose this particular profession. I get to help people in significant ways every day!

      We’re a little behind the times when it comes to providing access to legal consultation. I know in Europe the concept of “legal insurance” or a public scheme where everyone is entitled to access is commonplace. What’s the situation like in Oz?

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