Weinberg Law Firm - Dallas Employment Law
National News
Overtime claims and compliance
Wage and hour matters usually manifest when disgruntled employees feel they have not been compensated properly for their work. Often, wage and hour matters are brought forth by employees who have been terminated, anticipate being terminated, or have just received a bad performance review. This is especially true when it comes to overtime claims.
Companies should safeguard against possible problems by seeking counsel to properly classify employees as exempt from overtime pay. Employers often mistakenly characterize workers as independent contractors to avoid payroll taxes, keeping track of hours worked or paying overtime. Weinberg Law Firm can help properly assess how to classify workers to minimize liability exposure under the federal wage and hour laws.
If workers are not properly classified, they may have claims for unpaid overtime against the company and individual owners/supervisors. The employees may also be awarded double (liquidated) damages. Further, if employees are successful on their claims, federal law mandates the company to pay the employees the cost of their legal fees in bringing a lawsuit. If the employer’s conduct was willful, employees may seek unpaid overtime for the past three years.
This is a predicament in which companies do not want to find themselves. Weinberg
focuses on overtime pay issues, but can handle any wage and hour claim, including those that involve working off the clock, during breaks or lunch, and other violations covered under the Fair Labor Standards Act.
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USCIS Will Begin Accepting CW-1 Petitions for Fiscal Year 2019
On April 2, 2018, U.S. Citizenship and Immigration Services (USCIS) will begin accepting petitions under the Commonwealth of the Northern Mariana Islands (CNMI)-Only Transitional Worker (CW-1) program subject to the fiscal year (FY) 2019 cap. Employers in the CNMI use the CW-1 program to employ foreign workers who are ineligible for other nonimmigrant worker categories. The cap for CW-1 visas for FY 2019 is 4,999.
For the FY 2019 cap, USCIS encourages employers to file a petition for a CW-1 nonimmigrant worker up to six months in advance of the proposed start date of employment and as early as possible within that timeframe. USCIS will reject a petition if it is filed more than six months in advance. An extension petition may request a start date of Oct. 1, 2018, even if that worker’s current status will not expire by that date.
Since USCIS expects to receive more petitions than the number of CW-1 visas available for FY 2019, USCIS may conduct a lottery to randomly select petitions and associated beneficiaries so that the cap is not exceeded. The lottery would give employers the fairest opportunity to request workers, particularly with the possibility of mail delays from the CNMI.
USCIS will count the total number of beneficiaries in the petitions received after 10 business days to determine if a lottery is needed. If the cap is met after those initial 10 days, a lottery may still need to be conducted with only the petitions received on the last day before the cap was met. USCIS will announce when the cap is met and whether a lottery has been conducted.