Great program for HR, Employers, Managers and Supervisors is set on June 21. Key information will be supplied for Employers, Managers and Supervisors to use. Attorney Trinidad Galdean will be one of the speakers on employment law issues with other speakers supplied many practicable tips for Managers and Supervisors.
Trinidad Galdean is an Employment Attorney and Certified Professional in Human Resources. He is the former President for the Kansas State Council for the Society of Human Resources. He is also Board Certified in Labor and Employment Law by the Texas Board of Legal Specialization.
Overtime Rule changes anticipated soon. Over a year ago, attempts were made to change the Overtime rules. While these changes failed, new proposed overtime changes are planned to be announced this year that may go into effect by 2020. These changes will address which employees may be required to be paid overtime. Information on the changes will come in the form of Proposed Regulatory Rules and will request the public’s comments on the proposed Rules before becoming final.
In light of these changes, its wise that employers begin to identify any employees who are classified as exempt but paid below $40,000. Employees may also want to discuss these overtime changes with their employer once the Proposed Rules become final.
Employers should discuss these issues with experienced employment law attorneys if any questions arise.
“Immigration Intelligence,” an informative seminar, was given to local business owners at the Wichita Pachyderm Club on April 6, 2018. As a courtesy to inform others, the Club prepared the attached YouTube recording of the Immigration Intelligence seminar. The Seminar provides an educational overview of some the recent immigration issues and trends.
Immigration has become a hot topic for many communities. Many of the attendees felt that an understanding of the Immigration process for individuals helps community leaders address any potential changes in the immigration laws.
Kansas SHRM honored the Galdean Law Firm with the 2017 Diversity & Inclusion Champion Award.
Galdean Law Firm believes that “Diversity is not about how we differ; Diversity is about embracing one another’s uniqueness.”
The Firm this past year assisted with presentations about disabilities, presented as a panel on “Using a Mentor” to Hispanic College Students, supplied pro bono services to disadvantage individuals, been a sponsor for the Scholarship Banquet for Hispanic Students, supplied the speech at a Citizenship Ceremony along with participating in diversity events with other associations.
As part of the Award, Kansas SHRM will make a donation to a charity chosen by the Galdean Law Firm. The charity chosen is the Kansas Hispanic Education & Development Fund. This non-profit assist to keep talented young Hispanics in Kansas through education scholarships and career development programs.
The Founding Attorney at the Galdean Law Firm, Trinidad Galdean, stated that “Diversity is the one true thing we have in common. The Firm enjoys helping diversity based groups and learning about their uniqueness.”
A day after Labor Day, President Trump’s Administration announced the withdrawal of DACA (known as Deferred Action Childhood Arrivals) program. DACA generally involves supplying undocumented individuals some relief if they arrived in the US before the age of 16 and meet other requirements. While DACA defers any deportation in specific circumstances, it also permits the recipient to work in the US with a work authorization.
In the US, an employer is prohibited from employing a person not authorized to work in the US. The withdrawal ultimately results in the loss of the DACA employee’s work authorization.
While the withdrawal effects nearly 700,000 DACA employees in the US, it also affects their employers. It is predicted about 30,400 DACA recipients will lose their work authorizations each month under the planned withdrawal.
The effects of DACA winding down are major concerns for DACA recipients but soon employers will be addressing the loss of DACA employees. Addressing the issues now, positions an employer to minimize the impact of DACA ending. Employers and DACA employees should also seek counsel from an attorney with DACA and employment law experience.
The ThreeBestRated.com selected attorney, Trinidad Galdean, as one of the 3 Best Employment Lawyers in Wichita, Kansas. The site uses its 50-Point Inspection that includes “checking customer reviews, history, complaints, ratings, satisfaction, trust, and cost to the general excellence.” Trinidad was the only individual attorney selected. Trinidad represents businesses, management and individuals in employment and immigration legal matters. While he is licensed in Kansas, Texas, Oklahoma, Iowa, and Nebraska, Trinidad represents clients throughout the U.S.
Galdean Law Firm
With 25 years of legal experience, Trinidad is a frequent speaker on employment and immigration topics to Human Resource associations, Chambers of Commerce, Municipal associations, and other industry associations in various states.
The Public Broadcast Station (“PBS”) affiliate, Smokey Hills Public Television, recently invited Attorney, Trinidad Galdean, as a speaker on immigration legal updates. The other guests included Finney County Sherriff Kevin Bascue and El Perico Journalist, Marco Alcocer. The Hosts, Harold Orosco and Celia Earl, covered various topics and questions which concern for many communities and individuals related to immigration.
Trinidad discussed the evolution of immigration laws and changes leading the current immigration enforcement. With Trinidad’s background with business-employment matters, he also discussed the implication of immigration issues for employers, businesses, and farmers.
Any individual, business, or community with concerns over the immigration changes needs to become better informed. This PBS program helped to provide some information and answer the public’s concerns.
Smoky Hills PBS
Galdean Law Firm
On March 18, 2017, a community in Wichita, KS took it upon itself to become more informed about immigration. The event was covered by the local paper. Over 100 people from various backgrounds attended the event. In any community, most people know another person that is somehow affected by an immigration issue.
Where an individual is in the U.S. with or without documents, the immigration issues are a daily concern. Many employers using the immigration visas to bring and attract top talent from other countries are also concerned about the immigration issues. In some communities, children worry about their parents and lives because of the immigration uncertainty.
To address the issues, it’s important to be informed about what is going on with immigration in the U.S. As referenced in the article, everyone from residents, law enforcement, and leaders want to address the issues in the best way possible for this community. Perhaps other similar events can help address people’s concerns. It will at least help people in becoming informed.
With the Presidential election over and recent Cabinet appointments, changes on immigration policy will likely occur in some fashion. Recent President-Elect’s comments and the appointment of Sen. Jeff Sessions as Attorney General give some indication of stronger immigration enforcement in the near future. So, what does this mean for Employers and how should Employers begin to plan for any change in employment-related immigration policy?
For Employers with workers on employment-based visas, the Human Resource department should audit these visas and related visa expiration dates. This enables an Employer to address changes on any visa renewals or adjustment of visas once the new Administration focuses on immigration issues in the U.S. This also enables Human Resource professionals to plan ahead for any potential changes in the employer’s workforce.
The Post-Election activity also hints that employers should evaluate its immigration compliance procedures. Anticipating an increase of immigration enforcement means the employer should audit its compliance practices on immigration matters. This includes auditing Form I-9s, immigration practices (like E-Verify), and compliance files.
Ultimately, the employer will want to be in the best position to address any changes in employment-based visas and compliance efforts.
While the above provides some issues for employers to consider, an employer with any questions, should contact an experienced immigration-employment attorney.
Today the USCIS published the new Form I-9 for employers to use. By Jan. 22, 2017, employers must use only the new version, dated 11/14/2016 N. Until then, an employer can continue to use the version dated 03/08/2013 N or the new version.
The changes in the new Form I-9 include the following:
- Section 1 asks for “other last names used” rather than “other names used.”
- The addition of prompts to ensure information is entered correctly.
- The ability to enter multiple preparers and translators.
- A dedicated area for including additional information rather than having to add it in the margins.
- A supplemental page for the preparer/translator.
This new change should key employers to not only update the Form I-9 but also to update their training and immigration compliance practices. Employers with questions about immigration compliance should contact an experienced employment immigration attorney.