Employer Background Checks – Video by Attorney Bruce Coane

In this video, Attorney Bruce Coane speaks about criminal background checks that are done by employers when individuals apply for jobs. These individuals often question if they have a case when they are not hired or when they are fired because of an arrest history. Unfortunately, most states, including Texas, have no state law about criminal background checks in employment, so most of the time, they will not.

However, this year, the EEOC came out with guidance about these checks, and how the criminal justice system affects Hispanics and blacks, in particular. As a result, it is quite possible to bring claims to court for race discrimination after a criminal background check has been conducted. Although the EEOC guidelines only references these specific races, it could apply to anybody, as the EEOC investigates complaints of discrimination based on age, race, sex, national origin, religion and disability.

To see the EEOC Enforcement Guidance, click the link below.

http://www.eeoc.gov/laws/guidance/arrest_conviction.cfm

H-1B Work Visa Denials: The Solution

Many foreign workers are finding it difficult to renew or obtain an H-1B working visa. Employers are also becoming frustrated at being unable to get visas for their workers. H-1B denials are becoming commonplace, as are massive RFE’s (Requests for Evidence).

When all else fails, and that includes the hopeless appeal, I “appeal” such cases to the federal courts. Many times, such an appeal to federal court succeeds, either because the U.S. Attorney agrees to settle, or because the judge issues a favorable decision for the company and employee.

There is no reason for employers and workers to give up and drop the case, when there is a federal judicial system, willing to exercise jurisdiction, and consider the merits of the H-1B claim.

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About the author: Bruce Coane is an attorney who specializes in labor and employment law, and, immigration law, with offices in Florida and Texas. He may be reached at houstonlaw@aol.com, 713-850-0066 or 305-538-6800.

Half-Empty Airplane A Testament To Higher Air Fares?

On my United Airlines flight from Houston to Fort Lauderdale, Florida yesterday, the airplane was half-empty. The Boeing 737 plane on this route, which I fly every week, is typically always full.

Image: kangshutters / FreeDigitalPhotos.net

Since the merger between Continental and United started two years ago, I have noticed fares rising more and more, to the point where it has now doubled. As a result, I have had to cut back on the frequency of my travels between my offices in Houston and Miami. I have wondered when others will cut back on travel as well. I think this morning’s flight, was an example of things to come.

If United Airlines continues to raise fares, no doubt, less people will be traveling. There was a time, a couple of years ago, where they would offer those empty seats at last-minute discounted rates. But, for whatever reason, that seems to no longer exist as well. At the same time, United reports marginal profits or loses money, and would seemingly rather fly with empty seats.

I have also noticed over the past year to 18 months that, Southwest Airlines, which used to fly for “peanuts”, now has matching expensive airfares to most cities where United flies. And, my luck, Southwest never has the Houston to Fort Lauderdale route on sale.

Hopefully, the spirit of capitalism will soon return to the airline industry, perhaps with new competition, and lower prices.

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About the author: Bruce Coane is an attorney who specializes in labor and employment law, and, immigration law, with offices in Florida and Texas. He may be reached at houstonlaw@aol.com, 713-850-0066 or 305-538-6800.

War On Undocumented Women

Too bad that politics has to interfere with this important immigration law that has been on the books for almost 20 years.

Read this article from The Huffington Post.

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About the author: Bruce Coane is an attorney who specializes in labor and employment law, and, immigration law, with offices in Florida and Texas. He may be reached at houstonlaw@aol.com, 713-850-0066 or 305-538-6800.

Background Check Guidelines Issued By The EEOC

The EEOC has issued guidelines about criminal background checks which are causing qualified applicants to lose-out on good jobs. As a lawyer who represents workers, I applaud this guidance from the EEOC, however, it really seems to be a stretch of the law. Hopefully, Congress would take some action to limit the use of such checks, in a way that the guidance suggests. A fair employer could give the applicant the opportunity to respond, or the employer could agree that a DUI from 30 years ago really isn’t relevant to a receptionist’s job. Unfortunately, many large employers have a “zero tolerance” policy when it comes to arrests.

See Attorney Bruce Coane speak about this topic on YouTube:

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About the author: Bruce Coane is an attorney who specializes in labor and employment law, and, immigration law, with offices in Florida and Texas. He may be reached at houstonlaw@aol.com, 713-850-0066 or 305-538-6800.

Immigrant Workers Arrested at Waste Management Facility

In an immigration raid last week, just a few miles from our Houston office, the Houston Chronicle reported that officials arrested 16 workers at a Waste Management facility. The company stated the workers were not their employees, but third party temporary workers.

No doubt the company would make that argument since the law provides employer sanctions for hiring undocumented workers. Even in a situation where the employer claims the workers are independent contractors, there can be penalties if the employer knew the workers were undocumented.

The 16 workers are from El Salvador, Honduras and Mexico. Generally, such workers are not immediately deported (unless they waive their rights), but rather they go through deportation proceedings which can take years. Moreover, if eligible, they can be awarded a green card by the immigration judge.

The government conducts these raids from time to time and arrests individuals who appear to be foreign and undocumented. An employer is required to get I-9 forms with proof of legal status completed for all workers, including Americans, but  not for  contractors. There are serious civil and criminal penalties for violating the law.

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About the author: Bruce Coane is an attorney who specializes in labor and employment law, and, immigration law, with offices in Florida and Texas. He may be reached at houstonlaw@aol.com, 713-850-0066 or 305-538-6800.

U.S.Department of Labor Enforces Overtime Pay Laws

I attended a luncheon today of the National Employment Lawyers Association and the speaker was an Asst. District Director of the U.S.Department of Labor.

She spoke about enforcement actions. Their agency investigates complaints about violations of wage and hour laws. In particular, she talked about enforcement actions and investigations particularly concerning restaurants and funeral homes. She also talked about the misclassification of workers.

Workers can be misclassified by employers in two ways. One, they can be called independent contractors, when in fact they should be an “employee” entitled to overtime pay for hours worked in excess of 40 in a week.

Second, some workers are classified as exempt from overtime when they clearly are non-exempt. This happens especially when an employee is paid a salary. Some employees think that if they are paid a salary, they are not entitled to overtime pay. This is NOT the law. While being paid a salary is one piece of evidence, the key is whether the employee is performing non-exempt job duties, such as menial or routine tasks.

While the Department of Labor can investigate such issues, the speaker noted that they are swamped with complaints and often suggest the individual get a private attorney. At our law firm, we often represent individuals who have overtime claims against an employer.

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About the author: Bruce Coane is an attorney who specializes in labor and employment law, and, immigration law, with offices in Florida and Texas. He may be reached at houstonlaw@aol.com, 713-850-0066 or 305-538-6800.

Hatian Man Files EEOC Charge Against LNR Property LLC

Our law firm was recently hired to represent a Haitian-American man in a discrimination complaint against his former employer, LNR Property LLC. The charge of discrimination was filed with the EEOC this month, and alleges discrimination based on race, national origin and sex.

Our client worked at LNR for over 10 years and seemed to be doing just fine. About one year ago, he got a new supervisor, and that is when he alleges the discrimination began against him because he is not Hispanic like most of his co-workers. He alleges that co-workers including his supervisor constantly spoke in Spanish and excluded him from such conversations and other work activities.

The issue of speaking foreign languages in the work place continues to be a hot issue in discrimination cases. Our law firm is handling several cases in Miami concerning similar issues.

In accordance with federal law, the EEOC will be conducting an investigation of our client’s complaint, after which, he can take his case to federal court.

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About the author: Bruce Coane is an attorney who specializes in labor and employment law, and, immigration law, with offices in Florida and Texas. He may be reached at houstonlaw@aol.com, 713-850-0066 or 305-538-6800.

Mediation of Employment Law Cases by Attorney Bruce Coane

Here is my latest video which talks about the mediation of employment law cases. It explains how mediation works and what benefit it may have for employees and employers.

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About the author: Bruce Coane is an attorney who specializes in labor and employment law, and, immigration law, with offices in Florida and Texas. He may be reached at houstonlaw@aol.com, 713-850-0066 or 305-538-6800.

Immigrants Leaving the Work Force

Excellent article about lack of workers in some states, due to certain anti-immigrant legislation, like in Arizona.

States who chase away immigrants are now feeling the brunt of having jobs with no American workers available to fill them. Immigration lawyers have known for decades that there are certain jobs like those described in the attached article, where Americans will not do those jobs, such as picking crops, working in the hot sun, etc.

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About the author: Bruce Coane is an attorney who specializes in labor and employment law, and, immigration law, with offices in Florida and Texas. He may be reached at houstonlaw@aol.com, 713-850-0066 or 305-538-6800.