Tag: Employment law

I9

New I-9 does not change sticky compliance issues

by Lori Chesser and Elizabeth Van Arkel On July 17, 2017, U.S. Citizenship and Immigration Services (USCIS) released an updated I-9 employment eligibility verification form to replace all prior versions. The new I-9 must be used by all employers starting September 18, 2017. The new version contains relatively minor technical corrections.  Automatic EADs While it […]

HR Issues that Arise when Natural Disasters Hit

Natural disasters raise a host of issues for employers, regardless of whether these employers have a direct presence in the affected areas or whether they have employees residing in or telecommuting from them. Sometimes employers are forced to close or are able to remain open in some capacity, but employees are not able to travel […]

immigration

9th Circuit Upholds $300,000 Penalty for I-9 Violations

The Immigration and Nationality Act (INA) requires employers to verify that their employees are legally authorized to work in the United States. It also prohibits employers from knowingly continuing to employ aliens who aren’t authorized to work. The INA calls for penalties of varying amounts for each violation, depending on the nature of the violation. Consequently, penalties can add up quickly when there are widespread violation

Say it ain’t so: Simply stating document is ‘privileged’ doesn’t mean it is

by Hannah Roskey and Katie Clayton Maintaining the privilege of a document is a fundamental aspect of any litigation. The Canadian legal system is premised on the search for truth, which, by default, requires parties to disclose relevant documents to one another in the course of litigation. This is the case in traditional civil actions […]

Whistleblower

Do Whistleblower Protections Apply if Only Internal Policies are Violated?

Free governments across history have encouraged people to come forward when they see the law being violated. The United States is no different. Most states, including New Hampshire, have a statute affording certain protections to people who report wrongdoing, with such individuals normally referred to as “whistleblowers.” The basic idea behind all of these statutes […]

Reeling from recordkeeping? Sound strategy makes the task manageable

A seemingly vast array of laws requires employers to create and store an equally vast array of records, and keeping up with the task is enough to make anyone’s head spin. The chore is less daunting, though, with some advice and a plan. Ryan A. Olson, an attorney with the Felhaber Larson law firm in […]

harassment

Single Racial Slur Can Establish Harassment Claim in 3rd Circuit

Recently, the U.S. 3rd Circuit Court of Appeals—which covers Delaware, New Jersey, and Pennsylvania—ruled that to establish a claim of workplace harassment under the civil rights statute known as Section 1981, the discrimination need only be “severe or pervasive,” which can be satisfied by a single racial slur when it’s so extreme that it “amount[s] […]

Gig

Gambling on independent contractor status? Stack the deck in your favor

by Gary S. Fealk Smart businesspeople are adept at finding ways to reduce their costs. However, cutting costs associated with employment by using independent contractors is a big risk unless you take great care to make sure you aren’t misclassifying employees as independent contractors.  What’s all the fuss about? Various government agencies have been increasingly […]