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Richard D. Alaniz, JD

Rick Alaniz, of Alaniz Associates, has been at the forefront of labor and employment law for over forty years. He began his legal career as a trial attorney with the U.S. Department of Labor, served on the President's Cost of Living Council during the Nixon Administration and also held prominent posts within the National Labor Relations Board, first in Washington D.C. and later in Minneapolis where he coordinated the NLRB's enforcement actions in the five-state Midwestern region. A Partner in private practice since 1985, his experience has only deepened Rick's enthusiasm for labor and employment law and his drive for continued excellence in the field. He is Board Certified in Labor and Employment Law by the Texas Board of Legal Specialization. Rick contributes dozens of articles per year on labor and employment law to trade journals and conducts numerous seminars each month to client companies and trade associations across the country.

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Firm Management

Labor Law Ruling Means It's Time To Revisit Employee Handbooks

According to the NLRB: an unlawful handbook disclosure provision, an overly broad social media policy, illegal provisions regarding conflicts of interest, overly broad rules regarding copyright use, too-restrictive rules on employee conduct, and ...

Firm Management

Employment Commission Over-Reaching: What Employers Need to Know

While the EEOC is supposed to act fairly and reasonably, companies facing discrimination complaints can’t necessarily count on that approach. That means employers need to be prepared, understand what the EEOC has been capable of, educate managers and ...

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Firm Management

With Increase in Legalized Marijuana, Employers Must Carefully Navigate Drug Testing Policies

Facing end-stage renal disease, Charlie Davis began using legally prescribed marijuana through New Jersey’s Medicinal Marijuana Program in 2013. A five-year employee with New Jersey Transit, he was “bumped” from his job as a lead clerk by a more ...

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Firm Management

Dress the Part: Implementing Dress Codes in the Workplace

Tattoos, piercings, suggestive clothing, and other employee wardrobe choices can present sticky issues for employers.

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Firm Management

Big Changes Coming for Joint Employers and Independent Contractors

Recent NLRB actions and court decisions have taken the issue of joint employers, independent contractors, and leased employees far beyond a single industry.

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Accounting

NLRB McDonald's Ruling Could Have Wide-Ranging Impact on Labor Laws

With the recent decision that McDonald's and its franchisees could be joint employers, the National Labor Relations Board's general counsel has continued a series of far-reaching actions that could upend how many American companies conduct business, including recent decisions asserting jurisdiction over social media policies, confidentiality policies, other company policies of non-union workplaces, and even employee activity on Facebook.

Firm Management

Labor Laws, Email and Social Media at Work: Employers Need a Solid Plan

Positive workplace policies have long been uncontroversial. Typically, these policies set the expectation for employees that they will represent their employer in a positive light, and won’t make negative comments or engage in gossip about the company, customers, or fellow employees. This seems common sense—what could go wrong?

Payroll

When Workers’ Comp, ADA and FMLA Intersect, Employers Should Brace for Three Times the Headache

Taken separately, workers’ compensation laws, the Americans with Disabilities Act (ADA), and the Family and Medical Leave Act (FMLA) represent complicated laws that are often difficult for employers and employees alike to figure out. When workers must be absent from the workplace under two or three of these laws, the situation becomes even more complex, and companies’ risk of potential litigation and regulatory investigations increase.

Legislation

Legal Marijuana and Employment Law: What Businesses Need to Know

For many employers, a zero-tolerance approach to drug use and random drug testing helps to ensure a safe, productive work environment. Yet more states are legalizing medical marijuana, and recreational use is legal in two others. A tangle of federal laws adds to the confusion. Being aware of the legal issues involved and the changing legal landscape is important for employers to ensure that their drug testing polices are legal and enforceable.

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Payroll

How to Use Criminal History Background Checks Wisely

One of 2013’s hallmarks in the labor and employment field is the aggressive stance taken by the Equal Employment Opportunity Commission (“EEOC”), which enforces federal anti-discrimination laws. The EEOC’s Strategic Enforcement Plan (“SEP”), issued in December 2012, makes clear that the Agency’s primary objective is to combat “systemic discrimination” and barriers to employment.