Galdean Law Firm Receives 2017 Diversity & Inclusion Champion Award

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.”

GLF Diversity Award 2017

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The End of DACA – Effects on Employers

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.

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Immigration: Community’s Efforts to Becoming Informed

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.

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Employer’s Compliance with ACA Non-Discrimination Rules – Languages other than English

The non-discrimination rules, under the Affordable Care Act (ACA), took effect Oct. 16. These new rules require posting of specific notices that also relate to limited English proficiency. Some of the posted statements must be written in languages other than English. Employees, especially those not proficient in English, should recognize an employer’s obligation of making employee benefit information understandable. At a minimum, employers should ensure that employee benefit design decision are adequately documented. As with compliance on any non-discrimination rules, employers should seek advice of experienced employment attorneys to address the rules. The link provides a summary on this issue: https://www.shrm.org/ResourcesAndTools/hr-topics/benefits/Pages/ACA-final-nondiscrimination-rules.aspx?utm_source=SHRM%20Friday%20-%20PublishThis_HRDaily_7.18.16%20(21)&utm_medium=email&utm_content=October%2028,%202016&SPMID=00655820&SPJD=02/20/2001&SPED=08/31/2017&SPSEG=&spMailingID=26916563&spUserID=MjIyOTY3MzE3NzUyS0&spJobID=905063836&spReportId=OTA1MDYzODM2S0aca-puzzle

New Employment & Immigration Law Firm

Years ago, there were Open Houses when a business opened. Today, with websites there are Launch Dates.  We are excited to announce the website for our new Employment & Immigration Law Firm at http://galdean.com/. Please share your comments or sign up for periodic Blogs and Newsletters coming soon.galdean_law-logo-2

Employee Time Off to Vote

In this Presidential Election, most people are planning to vote. Each year Employers and employees ask about taking time off work to vote especially when the employee is busy working most of the day.  The attached link provides information on each States Voting laws and taking time off to vote.  Most employers also have policies on this issue.  If there are any questions, the employer or employee should ask an experienced employment attorney. http://www.findlaw.com/voting-rights-law.html

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What are the Immigration Policies for each Presidential Candidate?

immigrationImmigration continues to be a key issue in Presidential elections since at least the Reagan years. This Presidential election has each top Candidate with different policies in this area. The attached link (while somewhat neutral) supplies a good summary on where Clinton and Trump stand on immigration during the election. The positions are laid out around 8:00 into the video.  We will have to see how things develop after the election.  https://www.yahoo.com/news/the-issues-where-do-trump-and-clinton-stand-on-immigration-205240624.html

 

EEOC’s New Strategic Plan on Employer Enforcement

The EEOC approved its new Enforcement Plan for 2017-2021. The Plan keeps the same priority areas as previous years but adds two more areas.  It adds 1) issues related to complex employment relationships and 2) backlash discrimination against those who are Muslim, Sikh, and Arab, Middle Eastern or South Asian descent.  The Plan and new areas will likely evolve over the next year as the EEOC gets a new General Counsel when the current General Counsel leaves in December. https://www.eeoc.gov/eeoc/plan/sep-2017.cfm

Tips on Employee Disabilities

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Health problems are the No. 1 reasons for people leaving the workforce early (Survey by Employee Benefit Research Institute). When disabilities or health impairments involve the employee’s ability to perform their job, employers need to look at these issues closely.  The following provides a checklist.  Additionally, employers and employees should address these issues with an experienced employment attorney. https://www.shrm.org/hr-today/news/hr-magazine/1016/Pages/5-tips-for-addressing-employees-with-disabilities.aspx?utm_source=SHRM%20Tuesday%20-%20PublishThis_HRDaily_7.18.16%20(17)&utm_medium=email&utm_content=October%2004,%202016&SPMID=00655820&SPJD=02/20/2001&SPED=08/31/2017&SPSEG=&spMailingID=26690690&spUserID=MjIyOTY3MzE3NzUyS0&spJobID=900593926&spReportId=OTAwNTkzOTI2S0

 

Business Immigration – I-94 for Travel

For Businesses bring talented foreigners to the US, it is sometimes about timing. Getting the individuals into the U.S. can be important for the individual to begin work and the company to stay competitive.  Additionally, quickly being processed at the Port, makes the employee’s travel that much less stressful.  Now, an individual can secure their I-94 in advance to crossing at the Port with the online I-94 application payment.  A business looking to address business immigration issues should contact an experienced immigration attorney. https://www.cbp.gov/newsroom/national-media-release/cbp-makes-online-i-94-application-payment-available-travelers