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More H1B Tips

We are now in March, and at the end of the month H1B’s will be signed, sealed and delivered to the Immigration Service.  Here are some tips to consider while you work with your employer in getting your case assembled. There is very little that can be done to ensure that your petition will be selected in…
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Two Important Factors when Selecting your Immigration Counsel

It is now about six weeks away from the beginning of the H1B quota period. I know that many people are still in the process of assembling their H1B materials and there are still other employers and foreign nationals who are considering which firm or attorney to use to guide them through the process. Arguably collecting…
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Premium Processing: Is it Necessary?

Deciding to use premium processing is not always a clear-cut decision for employers, but it is a relatively straight-forward one for the foreign national beneficiary. My employer clients typically weigh the options before agreeing to pay for premium processing. Conversely, my employee clients believe that everyone of their cases requires premium processing. To put things in a bit of…
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How Do I Apply for the H1B Cap-Gap?

During the H1B quota season, I am often asked “are you going to file for the Cap-Gap?” When I explain that there is not a specific form to complete for the H1B Cap-Gap, a litany of questions ensues. Here are a few of the most common ones: What is the Cap-Gap? The Cap-Gap evolved from a…
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Tips for the H1B Season

The 2016 H1B Quota Season is in its early phase. Those with experience filing H1B petitions will know that the time to assemble materials for quota cases is fast approaching. For those employers and foreign nationals who are new to the process, now is the time to evaluate your situations and assemble your files. Here…
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Manage "business bullies" on the 'Net

Co-Authored by Joe Ledlie of The Ledlie Group Appeared on June 3, 2015 in the Atlanta Journal Constitution A wise friend once said: “Having your own business is like having a sick child. You never stop looking in.” Business people know that’s also true of a business of their own as well as one that…
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DOJ Broadens Its Definition of Sex Discrimination To Include Discrimination Based On Gender Identity/Transgender Status

On December 18, 2014, U.S. Attorney General Eric Holder announced the Justice Department’s official position that the prohibition on sex discrimination provided by Title VII of the Civil Rights Act of 1964 extends to gender identity, including transgender employees and applicants. The DOJ’s new position on the issue of gender identity/transgender status directly affects state…
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In Defense of Your Practice: 8 Ways to Defend your Practice Against Unfair Competition

As appearing in PLASTIC SURGERY PRACTICE: In Defense of Your Practice: 8 Ways to Defend your Practice Against Unfair Competition You’ve worked hard to develop a successful practice. You’ve hired a number of physicians, invested in their training and development, and entrusted them with your patients and confidential information. But you may have also unwittingly…
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When Ebola is a Workplace Issue

Managing Partner, Stan Wilson, is quoted below in an article for the WALL STREET JOURNAL When Ebola Is a Workplace Issue: Healthcare Workers Worry About Risks, and Hospitals Focus on Training, Communication   By Rachel Feintzeig Oct. 14, 2014 7:13 p.m. ET Only a few hospitals in the U.S. are currently treating Ebola patients, but health-care workers around…
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Why the IRS and Department of Labor Care if a Tip is Really a Service Charge?

Download this informative article which originally appeared in RESTAURANT START UP AND GROWTH  
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How Does Georgia’s Safe Carry Protection Act Affect Local Government Employers?

Read this informative article about how the new Georgia Safe Carry Protection Act affects local government employers.
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Dispatches from the Review Wars

Read this series of interesting articles in which Rich Escoffery is quoted about the importance of managing your online reputation.
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John Stivarius Quoted in Law360

Comcast’s Win Encourages ISPs To Fight User-Data Requests By Allison Grande Law360, New York (June 18, 2014, 4:11 PM ET) — An Illinois appeals court recently freed Comcast Cable Communications LLC from having to reveal users’ identities to an Internet pornography provider trying to pin them for computer fraud, a ruling likely to embolden service providers to…
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Audit your Benefit Plans to Clarify Roles and Duties and to Avoid Liability

Most employer-sponsored benefit plans – life, health, disability, and retirement – have some division of responsibilities between the employer/plan sponsor and other entities, who may be insurance companies, investment advisors, brokers, or other third party administrators. This division is generally a good thing for all involved, as organizations know their employees and can manage certain…
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Do Ask, Do Tell: Vetting Employee Applicants Without Breaking the Law

Learn about questions on an employment application that could elicit information within the protection of these statutes that could become a liability for a business if an employment decision is made based on protected information.
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Keep a Lid on It: Protecting Your Restaurant from Unfair Competition

It is no secret that today’s restaurants face stiff competition. New chefs, constantly-changing dining trends, a “foodie” culture, and rising costs all threaten the long-term success and viability of virtually every dining establishment. What if we told you, however, that one of the biggest risks facing your restaurant does not relate to these issues, but…
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When Do Social Media Posts Violate Employees’ Non-Solicitation Provisions?

 Read this article to learn more about how social media is impacting restrictive covenants. 
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One of These is Not Like the Other: Avoiding Classification Liability of Restaurant Managers and Assistant Managers

Read this interesting article on avoiding classification liability of restaurant managers and assistant managers
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Adverse Employment Action: Did the Sixth Circuit Apply the Wrong Definition?

On January 14, 2014, a divided Sixth Circuit panel in Deleon v. Kalamazoo County Road Commission[i] ruled that a lateral transfer constituted an adverse employment action, reversing the district court’s decision that granted summary judgment to the employer on the employee’s federal race, national origin, and age discrimination claims. In so doing, in my opinion,…
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Keep on the Sunny Side

Have you ever wondered what factors influence the online ratings people give your business on review sites such as Citysearch and TripAdvisor? Researchers at Georgia Tech and Yahoo Labs recently decided to find out, examining 1.1 million reviews of 840,000 restaurants in all fifty states. They constructed computer models to determine the various factors that…
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Don’t Get Into Hot Water: How to Avoid Liability Under the FLSA

While restaurants are facing more and more lawsuits filed by employees under the Fair Labor Standards Act (“FLSA”), the number of lawsuits filed against individuals, such as officers, managers, supervisors, and shareholders of restaurants, whom employees claim are also their employers, are increasing in frequency as well. What is individual liability? Under the FLSA, an…
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SARBANES-OXLEY WHISTLEBLOWER COVERAGE NO LONGER "UP IN THE AIR"

U.S. Supreme Court broadly interprets statute to cover employees of a public company’s private contractors and subcontractors The whistleblower protections of the Sarbanes-Oxley Act of 2002 (“SOX”) cover the employees of privately-held contractors and subcontractors of public companies, according to the U.S. Supreme Court. In Lawson v. FMR LLC (No. 12-3, March 4, 2014), the…
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Immigration: The Cocktail Hour

It should come as no surprise that during the course of my legal career that I’m often asked, while in a social setting, for advice. As a practitioner in the field of immigration law I’m asked my opinion on pending legislation, the current state of affairs and of course how to handle an issue involving…
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What’s The Correct Standard of Liability Under the ADA?

In Siring v. Oregon State Bd. of Higher Educ., an Oregon federal district court held that the but-for standard of causation applicable to claims under the Age Discrimination in Employment Act of 1967 (ADEA), as well as to retaliation claims under Title VII of the Civil Rights Act of 1964 (Title VII), is not applicable…
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Red Tape Jungle: 13 Ways Restaurants Get Tangled in Wage and Hour Violations – and How to Avoid Them

Read this intersting article discussing 13 ways restaurants get tangled in wage and hour violations and how they can be avoided. 
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Appeals Court Holds that NLRA Does Not Prevent Waivers of Class Actions

As we noted in our August 15, 2013 e-lert, although the federal courts have generally upheld employee agreements to proceed individually, rather than as part of a class or collective action, on arbitration of employment claims, the National Labor Relations Board (NLRB) has held that such agreements violate the National Labor Relations Act. The NLRB…
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Forms Before Function: Tips On Avoiding an Immigration Compliance “ICE” Storm In Your Restaurant.

Read this interesting article which provides tips on avoiding an immigration compliance “ICE” storm in your restaurant.
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Service Charges and the IRS. The rules regarding tips and services charges is about to change. Are you ready?

 The rules regarding tips and service charges are about to change.  Are you ready?
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Don’t Get Burned: Misclassifying Managers under the FLSA.

In 2001, a Tennessee federal court slapped Treetop Enterprises, Inc., a Waffle House franchisee, with a damage award of over $2.8 million dollars (plus prejudgment interest and attorneys’ fees) in a lawsuit alleging that Treetop had misclassified its managers as exempt from overtime compensation under the Fair Labor Standards Act (“FLSA”). While astonishing at the…
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Big Brother’s Attempt to Handcuff Employers Use of Criminal Background Checks in Hiring.

Employers’ long-standing practice of using criminal background checks to screen potential hires is under heightened scrutiny by both federal and state governments. On April 25, 2012, the Equal Employment Opportunity Commission (“EEOC”) issued guidance on the use of criminal background checks in hiring decisions, warning employers that the use of an applicant’s criminal history in…
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Adapting McDonnell Douglas to the But-For Standard. Why don’t employers seem to be faring better in the federal courts under the new higher standard?

In 2009, the U.S. Supreme Court held in Gross v. FBL Financial Services, Inc. that a plaintiff asserting a disparate-treatment claim under the Age Discrimination in Employment Act (ADEA) must prove that age was the but-for cause of the challenged employment action. The Court’s decision took many employment lawyers by surprise, in part, because that…
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Pay or Play? How Healthcare Reform Affects the Restaurant Industry.

On July 2, 2013, the United States Treasury Department announced a delay in the previously-scheduled 2014 deadlines for businesses to comply with the new health insurance mandated under the Affordable Care Act. Recognizing concerns about the complexity of the Act’s requirements and the need for more time to implement them effectively, the Obama Administration has…
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Claims For Unemployment. How You Respond Does Matter

Read this article to learn why how you respond to unemployment claims does matter. Featured in FLAME, The Magazine of the National Franchisee Associates (an association of BURGER KING ® franchisees) 2013 Issue 2
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Manage Your Online Reputation – Or Someone Else Will

This article, written by Richard M. Escoffery and Joseph G. Bauer, MD, FACS, was published in the July 2012 issue of The Aesthetic Surgery Journal. MANAGE YOUR ONLINE REPUTATION – OR SOMEONE ELSE WILL Today, consumers turn to the Internet for reviews on everything from restaurants to hotels, plumbers to contractors, and, yes, even board…
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ADA TITLE III: The Final Regulations and What You Need to Know to Avoid Mistakes.

Over 50 million Americans have disabilities and each is a potential customer. If your business has not considered the needs of individuals living with disabilities – or considered accessibility issues, recently – you may be alienating a potential client-base, as well as inviting lawsuits. The ADA allows individuals to sue businesses that are not in…
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PPACA: What Should You Be Thinking About Now To Get Ready

The Patient Protection and Affordable Care Act: What should you be thinking about now to get ready? Featured in FLAME, The Magazine of the National Franchisee Associates (an association of BURGER KING ® franchisees) 2013 Issue 1
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