terailaw.com Blog

I have been writing a newspaper column on employment laws for years.
Today, I just wrote about how to file an employment discrimination charge that is extremely complicated.
From one fact, you may have federal, state and local government (e.g., city) charges. For federal charges, you must first file a complaint to Equal Employment Opportunity Office before going to court. They cross file state and local government charges, and start investigation on both charges, but if it is about equal pay, you do not have to go to EEOC, etc., etc….
Hey, what am I gonna do?
Then, try this online assessment system by EEOC.

https://egov.eeoc.gov/eas/

It will kindly tell you WHICH EEOC office you should turn to. But it’s a good start.

Oops. I usually represent employers. But I have experiences to sit in intake meetings of plaintiff side litigation firms that were truly chilling as an employer myself. Compliance is extremely important. You could lose everything. But you don’t have money to hire an attorney? Good news is that not all employers are covered by federal laws, but generally ones that have more than 15 employees. (But be alert! Your state and local government may have more stringent laws. So it’s always best to check with a live attorney.)

EEOC also publishes for employers:

http://www.eeoc.gov/employers/index.cfm

Excited to see how many landmines there are?
Maybe it is not a bad idea to invest one hour of your precious time to review these pages.

I used to use the tactics to get a start up owner to get an H-1B. H-1B cannot be self-sponsored. However, here is the trick: the company an alien created is a “US employer” so that even if the President=beneficiary could be done. In fact, I got H-1Bs for these type of people. There was even an Administrative Appeals Office decision confirms it.

However, this strategy cannot be used anymore.
On January 8th, 2010, the USCIS issued a Memo that practically prohibits this scheme.
Now what? No entrepreneur aliens if they are not from the treaty countries that are eligible for Es. The list excludes major countries like India and Russia. They may use L if they qualify that means they must have worked for the company outside the US for a year, having employees at a foreign site. In my opinion, this may be very challenging to companies providing highly intellectual services.

Enjoy the blog.
Remember, this is not legal advice, just a generalized outline of laws.