• Wage & Hour Violations including but not limited to Fair Labor Standards Act (FLSA) classifications, timekeeping rounding, overtime wage and incentives earned during overtime work. In a single recent year, more than $171.5 million was awarded in back wages, with a single employer charged approximately $52 million.
• Wrongful Termination: Case awarded $5.5 million to a single employee at the expense of a single employer.
• Immigration Law Documentation: Up to $1100 per single missing piece of documentation, fining a single employer $15 million and sentencing officials for "willful conduct" up to 15 months in prison. Courts attest: "Ignorance is not an acceptable plea."
• Sexual & Other Unlawful Harassment: Fines up to $50,000 per charge.
• Pre-Employment Screening: Failing to screen properly creates employer liability for employee behavior both on and off the clock. Relying upon non-compliant testing can result in costly illegal discrimination complaints, including punitive damages beyond the economic.
• Family & Medical Leave Act (FMLA): Violation fines can double the amount of direct compensation and benefits the employee would have otherwise earned.
• USERRA Noncompliance (The Uniformed Services Employment and Reemployment Rights Act): Fines up to double back pay plus employee’s legal costs.
• Employee Right to Privacy: Economic and punitive damages relating not only to medical privacy but also defamation and use of employee name/likeness.
• COBRA: Employers may be fined $200/day for 24 months ($146,000) for each employee not provided appropriate notification of the Consolidated Omnibus Budget Reconciliation Act.
Contact HRS for a proactive "friendly" compliance review which in itself serves as "reasonable care" and "affirmative defense."
|
|
|
