Richard Alaniz

Legally Speaking: When Employees and Applicants Take to Facebook

September 13, 2011

Imagine one of your employees bashes your company or their coworkers on Facebook. You might think that you could fire that employee. But you would probably be wrong. Or consider whether you should Google job applicants.

Responding to Increasingly Aggressive Pursuit of Undocumented Workers

Richard Alaniz

August 9, 2011

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In early April, after a three-year hiatus, the Social Security Administration (SSA) resumed sending No-Match Letters, advising employers that an employee’s reported name or Social Security number (SSN) does not “match” a name or SSN combination in the SSA database.

Legally Speaking: Manage Your Legal Exposure by Reviewing Overtime Standards

Richard Alaniz

July 7, 2011

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For many employers, properly calculating overtime can feel like an unending process. Factoring in meal and break times can be complicated since meal times are generally unpaid and breaks are paid time.

Legally Speaking: Keeping Illegal Immigration Issues on ICE

Richard Alaniz

May 5, 2011

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The images tend to be memorable and camera-friendly - federal agents stage a well-publicized bust on a jobsite and cart off hundreds of undocumented workers. Today, however, the U.S. Department of Justice and U.S. Customs and Immigration Enforcement (ICE) have shifted their focus away from undocumented workers and are targeting the employers who hire them, often through audits and lawsuits.

Legally Speaking: The FMLA: It's Not Just For Pregnancies Anymore

Richard Alaniz

December 7, 2010

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A recent survey by allbusiness.com determined that the average cost to defend a Family Medical Leave Act (FMLA) lawsuit is $80,000, even if you win.

Legally Speaking: OSHA Increases Its Emphasis on Accurate Record Keeping

Richard Alaniz

November 4, 2010

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Now more than ever, it’s important to dot the i’s and cross the t’s when it comes to reporting your employees’ workplace injuries and illnesses. Recently, the Occupational Safety and Health Administration (OSHA) began sending inspectors to company offices and worksites to assess the accuracy of their injury and illness records.

Coming Face-to-Face With Facebook and Tweeting

Richard Alaniz

August 17, 2010

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Do you use Facebook? If you are over 40, the answer is maybe. If you are under 40, the answer is almost certainly yes. Did you know that Facebook was developed by a Harvard college student who wanted to create a website where people could rate how hot other Harvard students were? Half a billion dollars in venture capital later, it is the cornerstone of what has become known as social networking.

Legally Speaking: Background Checks: Is An Honest Employee Too Much To Ask For?

Richard Alaniz

June 7, 2010

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When was the last time you thought about violence in your workplace? Many employers would say “never.” But did you know that a recent study on workplace violence found 57 percent of respondents reported a violent incident at their workplace?

Legally Speaking: Common Provisions in Severance Agreements Challenged

Richard Alaniz

December 7, 2009

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While many consider severance agreements to be the domain of senior executives and white-collar workers, in fact they are increasingly becoming standard operating procedure in many industries, including the trades, when discharging employees of any type.

LegallySpeaking: Heed OSHA to Protect Workers and Stay Clear of Trouble

Richard Alaniz

November 4, 2008

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Employers are responsible for preserving the health and safety of their workers. And the government agency that oversees employers’ compliance is OSHA, the Occupational Health and Safety Administration.