Articles by Richard D. Alaniz

Being Prepared for an EEOC Investigation

Recent Trends and Tips
By Richard D. Alaniz
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The U.S. Equal Employment Opportunity Commission (EEOC) has taken an increasingly aggressive posture toward enforcement actions against employers. Employers should be aware of these troubling trends in EEOC behavior and be prepared to properly respond to an EEOC complaint.


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Preparing for a Storm of Disability Claims

EEOC Complaints Are Being Filed at a Record Pace
By Richard D. Alaniz
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Several factors that have been developing over the last several years are poised to plunge employers into a new wave of disability claims. There are a number of proactive steps that employers can take to avoid problems.


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A Narrower Definition of ‘Supervisor’ Aids Employers

Supreme Court Ruling Helps Limit Liability
By Richard D. Alaniz
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On June 24, 2013, the United States Supreme Court narrowed the definition of who qualifies as a “supervisor” for the purposes of harassment cases. This holding is a significant win for employers and affords opportunities for employers to limit their liability when harassment claims are made.


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Managing the Rise of Meritless Whistleblower Retaliation Claims

To Properly Respond, Companies Need to Understand the Latest Trends and Developments
By Richard D. Alaniz
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In order to properly respond to meritless whistleblower retaliation claims, companies need to understand trends and developments in this area. They must also know how to respond if one of their employees claims retaliation.


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Top 10 Best Practices in Workers’ Comp

Managing the Different Aspects of Workers’ Comp
By Richard D. Alaniz
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Dealing with injuries, managing workers’ compensation issues, and getting people back on the job can be complicated, expensive, and time-consuming. In order to manage the expenses, time, and effort involved with the different aspects of workers’ comp, here are 10 best practices.


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Maintaining Wage and Hour Compliance in 2013

Be Sure to Comply With All Applicable Federal and State Laws
By Richard D. Alaniz
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Over the past six years or so, wage and hour lawsuits have become, if not commonplace, extremely prevalent. This trend, fueled by a large number of workers displaced following the financial crisis and stoked by successful settlements and court rulings over the past several years, is unlikely to end anytime soon.


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Minimizing the Risk of Background Checks

By Richard D. Alaniz
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Hiring is an expensive, time-consuming process — employers want to make sure they get it right the first time. For many employers, background checks represent a key tool in ensuring the people they hire are trustworthy and have the skills, experience, and education they claim to possess.


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Impact of Decision Holding President Obama’s NLRB Appointments Unconstitutional

By Richard D. Alaniz
No Comments
On Jan. 25, 2013, the U.S. Court of Appeals for the District of Columbia Circuit (D.C. Circuit) ruled that President Obama had unconstitutionally appointed three board members to the National Labor Relations Board (NLRB). Thus, the NLRB has lacked its required quorum of three members for the past year, calling all of its decisions into question.


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How Employers Can Ensure I-9 Forms Are Correct

By Richard D. Alaniz
One Comment
When Abercrombie & Fitch’s Michigan stores ran into problems with properly completing I-9 forms, it turned out to be a seven-figure mistake. The $1,047,110 fine was imposed even though the clothing retailer fully cooperated with investigators and there was no proof it knowingly hired illegal workers.


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Workplace Safety, Disabled Employees, and the ADA

How Employers Can Strike the Right Balance
By Richard D. Alaniz
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In order to ensure a safe workplace while fully complying with the Americans with Disabilities Act (ADA), employers need to understand their rights and responsibilities, as well as the rights of job applicants and employees.


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