Articles by Girish Anand

August 10, 2012

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ALJ Rules that Photocopies Don't Compensate for Incomplete Form I-9

An administrative law judge (ALJ), hearing an appeal on a Form I-9 fine issued by Immigration and Customs Enforcement (ICE), has ruled that even when full supporting documents are copied and attached, an I-9 that is not completed properly can still be deemed a "substantial violation." Thus Four Seasons Earthworks, which sought the appeal and exoneration, is still liable for a "su...

August 9, 2012

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NLRB Appeals D.C. Court's Second Rejection of Quickie Election Rules

The National Labor Relations Board (NLRB) has filed an appeal with the U.S. Circuit Court of Appeals for the District of Columbia seeking to overturn an earlier district court decision that the board lacked a quorum when it passed what has come to be know as quickie election rules for union organizing. The appeal was filed on Aug. 7, 2012, and seeks to overturn the May 14 decision by the U.S. D...

August 7, 2012

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OSHA Steps Up Heat Stress Inspections

Though it has never released a heat standard, the Occupational Safety and Health Administration (OSHA) relies on the OSH Act's General Duty Clause to carry out heat-related inspections to insure that employers are providing plenty of water, rest and shade for affected workers during heat waves and other extremely hot periods. OSHA recently instructed its field inspectors "to expedite h...

August 6, 2012

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Jenny Yang Nominated to Fill Vacant Democratic EEOC Post

Jenny R. Yang has been nominated to fill the Equal Employment Opportunity Commission (EEOC) vacancy from the resignation of fellow Democrat Stuart Ishimoto earlier this summer. Following Congressional custom, the Senate isn't expected to take up her nomination until after the November elections. If confirmed, she would serve until July 1, 2017 Yang is a partner at the law firm Cohen Milstei...

August 5, 2012

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Illinois Becomes Second State to Ban Employers from Password Requests

Illinois on Aug. 1, 2012, became the second state behind Maryland to bar employers from asking job applicants and employees for passwords to their social media accounts. State legislatures have begun taking action on the social media front after reports surfaced that many employers, as part of vetting job applicants, were asking for passwords to the Facebook, Twitter and other social media acco...

August 3, 2012

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Surprise DOL Visits on the Uptick

According to a former Bush administration official (now a Washington, D.C. lawyer who follows enforcement trends), the Department of Labor (DOL) is conducting more surprise wage-and-hour investigations than at any time in the recent past. Afred J. Robinson Jr., who was acting administrator for the DOL's Wage and Hour Division (WHD) under George W. Bush, is now an attorney with Ogletree Deak...

August 2, 2012

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OSHA Ratchets Up Enforcement of Severe Violators Program

Since the Occupational Safety and Health Administration (OSHA) in June 2010 announced a new emphasis on its Severe Violator Enforcement Program (SVEP), the agency has nearly doubled the number of companies on its severe violators list. OSHA defines severe violators as those “employers who have demonstrated indifference to their OSH Act obligations by willful, repeated, or failure-to-abate...

July 31, 2012

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DC District Court Rejects NLRB's Appeal of Expedited Elections Ruling

The U.S. District Court for the District of Columbia has rebuffed the National Labor Relations Board (NLRB) in its appeal of the court's May 14 ruling that it lacked a quorum when it passed a rule for expedited union elections that took effect on April 30, but has since been suspended pending legal proceedings. The court in May ruled that only two members had actually voted for the rule: Ch...

July 30, 2012

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USCIS Releases I-9 Guidebook in Spanish

The United States Customs and Immigration Services (USCIS) has made available its M-274 publication titled "Handbook for Employers" in Spanish. The handbook is a comprehensive guide to compiling and safekeeping the I-9 employment eligibility form required of all employees. Please click on the title for the official download link: "Spanish Handbook for Employers" (Manual para...

July 28, 2012

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I-9 Audit Forces Popular Texas Sushi Zushi Chain to Shutter

Saying that too many crucial employees had failed to show up to work as Immigrations and Customs Enforcement (ICE) officials conducted an I-9 audit, the Sushi Zushi Texas chain of restaurants, with roots in San Antonio and branches in Dallas and Austin, was forced to shutter -- at least temporarily -- all eight of its locations. The company says it's not sure when it will reopen the restaur...

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Girish Anand

Recent Articles

Practical articles on HR, Safety, compliance, and people operations—written for real businesses, not legal textbooks.

U.S. Department of Labor Officially Restores Prior Overtime Exemption Rules

On May 14th, 2026, the Wage and Hour Division (WHD) of the U.S. Department of Labor (DOL) announced it has officially rescinded the 2024 overtime exemption rules. Specifically, the WHD published a technical amendment to restore previous 2019 regulations that dictated overtime exemptions for...

NLRB General Counsel Takes Action to Tackle Current Case Backlog

On May 6th, the National Labor Relations Board (NLRB) and NLRB General Counsel Crystal Stowe Carey announced the bulk transfer of thousands of labor practice cases. Specifically, this action fulfills an initiative signed by the NLRB General Counsel earlier this year. Overall, the initiative...

Privacy Agency Invites Comments from Businesses on the CCPA’s Usage of Personal Data

Recently, the California Privacy Protection Agency (CPPA) issued a call for comments on the current state of personal data collection under the California Consumer Privacy Act (CCPA). Specifically, the invitation to deliver remarks was issued on April 20th, 2026. The information provided by the...

DOL Proposes New Joint Employer Rule To Unify Standards Under Federal Labor Laws

In April 2026, the U.S. Department of Labor issued a proposed rule to establish a single, clear standard for determining when joint-employer status applies under three major federal laws: the Fair Labor Standards Act (FLSA), the Family and Medical Leave Act (FMLA), and the Migrant and Seasonal...

DOL Updates Enforcement Approach for Employee Benefit Plans: What Employers Should Know

The U.S. Department of Labor (DOL) recently announced a significant change in its enforcement of employee benefit plan rules. The DOL will now focus more closely on serious violations that harm workers and retirees, meaning compliant employers may face less scrutiny under the updated approach.

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Articles by Girish Anand