Month: October 2018

H-2B Visas–Guide for Employers

by hrconsulting14

It is not uncommon for a company to have a temporary need for seasonal workers. Including foreign nationals. The good news is that most employers would qualify for this service. However, they can be frustrating to acquire. There is now a huge demand for them. If the demand becomes high, they switch over to a lottery–so there is lack of predictability. Currently, the visas are limited to 66,000 per year (increased by an additional $15,000 by the White House on March 23, 2018). And, the feds have advised applicants that they have to submit at least 45-60 days before the certification is needed. In reading one of the US Department of Labor brochures, they actually recommend starting the process 150 days before the start date! This is not an absolute requirement, but a recommendation. Frankly, I would still submit the application now anyway.

They are allowed for both skilled and unskilled workers.

This visa is available for seasonal workers, especially for what is called “Peak load need” (for example, during the Christmas season).

T he following are the minimum requirements:

  • The employee must return to their foreign home when the job is finished (unless extended, the duration is one year).
  • A firm job offer is extended by the US employer.
  • The employee must be minimally qualified for the job (this would not appear to be a strenuous requirement, as even unskilled employees can be trained).
  • The employer files the application paperwork with the US citizenship and immigration services (USCIS).

As is typical with the federal government, there are a number of forms and procedures to follow. If you haven’t done it before, it can be rather time-consuming and complicated. It is highly recommend you use a professional service, such as: 1) www.laborci.com (208-777-2654), 2) www.actionvisa.com (972-442-4244); 3 www.maslabor.com (434-263-4300) or 4) www.azteclabor.com (805-460-6808).

Stay away from the immigration law firms because they are expensive.

If you want to do it yourself, you can go online and get a packet for $69.95 at  www.us-immigration.com.

(HR consulting; HR consultants)

National Lien Law can act as your virtual HR Consultant–either replace your existing HR Department or augment it with our ongoing HR consultation. And, we are equipped to prepare any documents required (for example, termination notices, warnings, employment agreements/confidentiality/noncompete, employee handbooks, write-ups, responses to claims, wage and hour disputes, legal memos to management, response to attorney demands, legal investigations, help with arbitrations or language used in your emails and communications with employees). Services can be on a retainer basis, hourly or flat fee. Our HR consultants have law degrees and 20+ years’ experience in HR consulting. Or, simply give us a call for a free initial consultation. (800) 995-9434. Info.NationalLienLaw@gmail.com.

HR Consulting News: California Payroll Advances

by hrconsulting14

We began with an initial recommendation: by far the best idea is to prohibit payroll advances for employees. Not only does it cause legal entanglement, but it is more difficult to manage through your HR Department.

Under federal law, advancements can be made , and later repaid through deductions of future pay checks. And, the agreement must be in writing. However, the deduction cannot be such that it reduces your employees pay less than the minimum wage.

Potential Problem: The federal Consumer Financial Protection Bureau has now issued  proposed rules which require disclosure under the Federal Truth and Lending Act as to employers who make more than 25 advancements per calendar year. In essence, it transports the average employer into an involuntary lender. The requirements then become onerous, including getting detailed information from the employee, a credit report, record retention, and for loans over $500, detailed requirements for evaluating the borrower’s ability to repay.

As for any payment of wages, there must be the customary payroll deductions.

As far as California law, it is not unusual for employers to make payroll advancements and later deduct from future paychecks. But, strictly speaking, this is unlawful under Labor Code Section 224, which allows deductions from wages only for payroll taxes, insurance premiums, or deductions based upon collectible bargaining agreements. This would necessarily exclude deductions for advancements and the imposition of interest or a $10 per $100 advancement fee.

Also watch out for final paychecks after termination. You cannot take the lions share from that last payment. Assume hypothetically that at the time of termination, the employee owes $1000 and the final paycheck is for $500. You cannot tell the employee he gets nothing in his final paycheck. Not only would this be unreasonable, but it would violate minimum wage laws.

For this reason, it is highly recommended not to allow advancements which are repaid by future paychecks. The better approach is to have a side promissory note executed. Repayments would be made separately under the note with no effect or deduction from future wages.