Written By:
Margarita Echevarria 
Executive Vice President
NJAPM

Access any business report in New Jersey and you will confirm that the engine for productivity, the sale of goods, and employment in the state is small business. However, one of the potential lags on small business productivity is litigation.

At any point in the productive life of a small business, litigation involving a product, an employment situation, or a consumer conflict can arise. Litigation can be costly, not only related to how long it takes the parties to be “trial ready,” but also due to the potential loss of reputation related to publicity of the matters, the loss of business management time while engaged in court proceedings, and finally, the loss of business relationships depending on how caustic the dispute becomes.

One of the ways big businesses insulate themselves from these potentially expensive “drawbacks,” i.e., the publicity, distraction, and cost of legal disputes, is by planning ahead and ensuring that their employment agreements, B2B, and even terms of service agreements with their consumers include arbitration or mediation clauses, or both. The speed, efficiency, confidentiality, cost effectiveness and finality offered by these alternatives to litigation have become a normal facet of doing business today. You may already have legal counsel that helped you set up your business that you can tap to draft the appropriate clause for your contracts or invoices. And you can review, in advance, sample clauses on service provider websites so you may have an informed conversation with your legal counsel.

An important resource to businesses within the state is the NJ Association of Professional Mediators (NJAPM). For the past 30 years, NJAPM has provided the public with information on mediation. NJAPM is also a member of the New Jersey Business & Industry Association. It stands ready to provide webinars with advice on how businesses can protect themselves by adopting alternative dispute resolution (ADR) provisions in contracts and provide a directory of professional mediators, all of whom have met the rigorous credential qualifications of the state to become court approved mediators.
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By anticipating, through mediation, how you will manage the inevitable disputes that will arise in the conduct of your business, you will be able to:

• Select a professional mediator with the experience and expertise needed to assist in the resolution of your dispute.
• Engage in a confidential process that avoids unwanted publicity for your business.
• Avoid the filing of legal documents that are public records to initiate resolution of your dispute.
• Schedule resolution of your dispute, taking into consideration only the calendars of the parties and the mediator in setting your mediation date. (Avoiding court calendar delays).
• Better control your costs, as some will be limited to a mediation process (prep and mediation date).
• Finalize resolution with an enforceable agreement between the parties. 

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About the Author: Margarita Echevarria, Esq., executive vice president of NJAPM, is an independent arbitrator and mediator in private practice with memberships on the American Arbitration Association: Commercial (LCC) & Insurance panels, ARIAS-US Certified Arbitrator, Resolute Systems, ACAN panel, FINRA and NY & NJ Federal and State Courts Arbitration and Mediation panels.

Written By:
David H. Nachman, Esq.
Ludka Zimovcak, Esq.
Snehal Batra, Esq.
Samantha Oberstein, Esq.
Nachman, Phulwani, Zimovcak (NPZ) Law Group, P.C.

In the intricate world of healthcare, where patient care is paramount, administrative compliance is essential. Among these responsibilities, Form I-9 compliance is critical, ensuring that employees are eligible to work in the United States and supporting the operational integrity of healthcare facilities.

The Critical Nature of I-9 Compliance in Healthcare

Healthcare facilities are under constant pressure to maintain seamless operations, and ensuring Form I-9 compliance is a cornerstone of their legal and operational obligations. Compliance not only prevents legal repercussions but also safeguards the facility from potential staffing disruptions that could affect patient care.

Understanding the Essentials of Form I-9

Form I-9, Employment Eligibility Verification, is a mandatory process for all U.S. employers, and in the context of healthcare, it becomes even more significant due to the high stakes involved. Ensuring that every employee is legally permitted to work is not just about following the law—it’s about protecting patients and maintaining a reliable workforce.

Challenges in Maintaining I-9 Compliance

Healthcare facilities often face unique challenges in maintaining Form I-9 compliance:

• High Turnover Rates: Frequent staffing changes can lead to oversights and inconsistencies.
• Complex Documentation: The nuances of immigration statuses and the verification of documents can be daunting.
• Cyclical Hiring Spurts: The episodic nature of healthcare hiring intensifies the pressure on HR departments to stay compliant amidst a flurry of onboarding activities.

Strategies to Enhance I-9 Compliance

• Implement Robust Training Programs: Equip your HR team with the knowledge and tools they need through ongoing training on the latest I-9 compliance requirements.
• Adopt Electronic I-9 Solutions: Utilize technology to reduce errors and streamline the verification process. Electronic systems offer built-in checks that help ensure forms are completed correctly and stored securely.
• Regular Internal Audits: Conduct periodic reviews of your I-9 processes to catch and correct errors proactively. This preventive measure can save healthcare facilities from costly penalties and legal challenges.

The Role of Technology in Ensuring Compliance

In today’s digital age, leveraging technology such as I-9 compliance software can dramatically simplify the compliance process. These tools assist in managing and verifying large volumes of documents efficiently, ensuring that every employee’s eligibility is accurately recorded and easily accessible for audits.

Conclusion

For healthcare facilities, the stakes of non-compliance with Form I-9 regulations are high, ranging from legal penalties to impacts on patient care. By prioritizing comprehensive compliance strategies and utilizing the right tools, healthcare employers can ensure a compliant, stable workforce dedicated to the highest standards of patient care.

Call to Action

Stay ahead of compliance challenges by partnering with experienced I-9 compliance specialists who can provide the tools and expertise necessary to navigate this complex requirement. Ensure your healthcare facility remains compliant and focused on what matters most—providing exceptional patient care.

Contact Information

If you or your family members have any questions about how immigration and nationality laws in the United States may affect you, or if you want to access additional information about immigration and nationality laws in the United States or Canada, please do not hesitate to contact the immigration and nationality lawyers at NPZ Law Group. You can reach us by emailing [email protected] or by calling us at 201-670-0006 extension 104. We also invite you to visit our website at www.visaserve.com for more information.