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Flat Fee Representation - Labor, Employment, and Discrimination Law

EMPLOYEES, INDEPENDENT CONTRACTORS & AGENTS

Our firm provides cost-effective representation for employments matters. We offer flexible payment arrangements to reduce the overall cost to our clients. Clients have the ability to seek representation based on our normal hourly rates or flat-fee arrangements, where feasible. Upon request, we provide the following services at flat fees for employees:

  • Review Of Severance, Termination Or Non-compete
  • Review Of Employment Contract/Agreement
  • Review Of Settlement Agreement (review only)
  • Conference For Legal Advice/Guidance On One Work-Related Issue
  • Consultation With Employee Under Harassment Investigation
  • Consultation On Office/Co-worker Dating Policies And Issues
  • Attendance of Mediation, Fact-finding Or Settlement Conference
  • Written Case Evaluation, Opinion And Recommendation

EMPLOYERS AND BUSINESSES
Flat Fee Representation - Labor, Employment, and Discrimination Law

Our firm provides cost-effective representation for employments matters. We offer flexible payment arrangements to reduce the overall cost to our clients. Clients have the ability to seek representation based on our normal hourly rates or flat-fee arrangements, where feasible. Upon request, we provide the following services at flat fees for employers:

  • Drafting Standard Termination AgreementDrafting Standard Settlement, Non-compete Or Employment Agreement
  • Drafting Employment Handbook
  • Drafting Discrimination/Harassment Policies And Postings
  • Preparation/attendance of EEOC/IDHR/CCCHR mediation conference
  • Preparation/Attendance-Settlement Conference
  • Preparation/Attendance-EEOC/IDHR/CCCHR Fact-Finding Conference
  • Sexual Harassment Training/Seminar
  • Unemployment Hearing Defense

Please call, e-mail or complete our Contact Form and include a brief description of the matters you wish to consult us on so that we may provide a flat fee rate for the consultation. We offer evening and weekend appointments (at a higher rate) for your convenience.

[Contact Form]

Evening, Weekend and Phone Consultations, Flat Fees/Employment, Labor, and Discrimination Law

Our labor and employment attorneys now offer evening and weekend consultations for a flat fee rate. Our offices are located Downtown Chicago but our attorneys will arrange a telephone conference at a mutually-convenient time for those unable to come to the office in person, located in other states, or oversees.

Please complete our Contact Form and include a preferred date and time for the appointment as well as a brief description of the matters you wish to consult us on so that we may provide a flat fee rate for the consultation.

We will confirm the appointment via e-mail or by phone. For evening, weekend and phone appointments, payment must be made at the time that the appointment is confirmed.

[Contact Form]

Prevailing Wage Determinations

Employers are required to obtain a prevailing wage determination for certain non-immigrant employment based visa petitions (i.e. H-1B, H-2B, and E-3) and labor certification petitions from the State Workforce Agency (SWA) with jurisdiction over the geographical area of intended employment or other appropriate sources such as Online Wage Library.  Employers are given “safe-harbor status” if they obtain the prevailing wage determination from the appropriate SWA.  In other words, if the employer’s wage compliance is being investigated, the Wage and Hour Division will not challenge the validity of the prevailing wage determination so long as it was being applied properly (i.e. correct geographic area, occupation, and skill level).  The primary factors taken into consideration by the SWA when making the prevailing wage determination are: experience, education, and skills required by the employer.  Experience is broken down into four levels (Level I -Entry; Level II - Qualified; Level III - Experienced; Level IV - Fully Competent). The employer may use the prevailing wage determination for more than one employee if the prevailing wage is for the same occupation and skill level; the same wage source is applicable; and the same area of intended employment is involved.

Each SWA determines the validity period of the prevailing wage determination.  The validity period may range from no less than ninety days to no more than one year from the date the determination was made.  If the employer requested the prevailing wage determination in connection with a labor certification petition, it must retain the prevailing wage determination for five years.  If the prevailing wage determination was issued in connection with a non-immigrant employment based visa petition, the employer must keep it in a public access file for a minimum of one year.  Nevertheless, it is recommended that the employer keep it for the duration of the alien’s employment.  The salary offered by the employer must meet or exceed the prevailing wage determination. This is designed to ensure that the wages paid to the alien does not have a depressive effect on the U.S. labor market and to ensure that the employer does not seek to employ the alien in order pay a lower salary for the position.

Form I-9-Verification of Employment Eligibility

Whenever an employer hires an employee, it is responsible for completion and retention of form I-9 for that individual.  This is true even if the new employee is a U.S. citizen. The form requires the employer to verify the employment eligibility of the employee and record the document information. The form lists numerous documents that the employee may submit to establish his or her identity and employment eligibility. It is important to note that the employee must submit only original documents. The one exception is a birth certificate. The employee may submit a certified copy of the birth certificate. The employer cannot be charged with a verification violation if it properly completed form I-9 and  ICE (U.S. Immigration and Customs Enforcement) determines the employee is not authorized to work. The reason being that the employer has a good faith defense that it took the required steps to verify employment eligibility of the employee. The government would have to prove actual knowledge by the employer that the employee was not authorized to work.

While employers are required to verify eligibility for employee, they are prohibited from making judgments, decisions, or engaging in conduct that may violate discrimination laws.  As such, employers are to exercise significant care to ensure that employees’ civil rights are not violated while it seeks to fulfill its I-9 compliance obligations.  To this effect the US Department of Justice, Civil Rights Division, has issued a handbook to assist employers comply with I-9 requirements while preserving employees’ rights.

Employers who employ unauthorized workers or fail to comply with the I-9 requirements may be subject to penalties.

Click here for frequently asked questions regarding the I-9.

USCIS Announces Automatic Employee Verification Program

Penalties For Employing Unauthorized Workers

If an employer does hire workers who are unauthorized to work in the U.S., its subjects itself to civil and criminal penalties pursuant to INA §274A(e)(4), 8 U.S.C. §1234a(e)(4).  This includes the following:

i.   Cease and desist orders;
 
ii.   Civil penalties for each offense for employing unauthorized workers
     a.   First offense - $275 to $2,200 for each alien
 
     b.   Second offense - $2,200 to $5,500 for each alien
 
     c.   Third or more offenses - $3,300 to $11,000 for each alien
 
iii.   Civil Penalties for Paperwork violations (i.e. failure to fill out and maintain I-9s correctly)
     a.   $110 to $1,100 for each I-9
 
iv.   Criminal Penalties for pattern and practice violations
     a.   $3,000 and/or six months in jail
 
     b.   ICE defines pattern and practice as “regular, repeated, and intentional activities, but does not include isolated, sporadic, or accidental acts.” 8 C.F.R. §§274a.1(k), 1274a.1(k)

Click here for the USCIS memorandum regarding employer sanctions for employing undocumented workers or I-9 violations. 
      

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Disclaimer: The materials in Asonye & Associates web site have been prepared to permit visitors to our web site to learn more about the services we offer. These materials do not, and are not intended to, constitute legal advice. Neither transmission nor receipt of such materials will create an attorney-client relationship between the sender and receiver. Internet subscribers and online readers are advised not to take or refrain from taking any action based upon materials in this web site without consulting legal counsel. We do not undertake to update any materials in our Web Site to reflect subsequent legal or other developments.

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