Three Best – Employment Lawyers

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.

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.

What should Employers do with Employment-Based Visas considering the Post-Election activity?

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. immigration-reform

Employer Immigration Compliance Update

form-i-9-photo

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.

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

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

327_m20120816-17262-15zxqnx1

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

 

HR Staying Current – Employment Law Update 2015

Employers and Human Resource Professionals today deal with continued changes in employment law.  On April 15, 2015, Trinidad Galdean, JD, PHR, SHRM-CP, will be speaking to the Wichita Society of Human Resources Management (Wichita SHRM) on Employment Law Updates for 2015.  Knowledge about these recent changes and those on the horizon are key to minimizing and preventing workplace claims. Individuals interested in attending can register with the Wichita SHRM Chapter.