Legal
Verify, Re-Verify, But Don’t Over-Verify: I-9 Compliance During an Era of Increased Enforcement
There has been a surge in workplace enforcement actions by U.S. Immigration and Customs Enforcement (ICE), according to statistics published by Homeland Security Investigations (HSI), the division of ICE tasked with using civil investigations and criminal prosecutions to deter companies from hiring unauthorized workers. This surge in HSI investigations and penalties against employers signals a…
Read MoreDo You Need An Employee Handbook?
As a small business owner, it can sometimes feel impossible to do it all. It’s difficult enough to ensure that employees are performing quality work, let alone have to be concerned about issues with problems including attendance, the dress, and how each employee should work together. One of the ways to help enforce these rules…
Read MoreEmployers Gain Flexibility to Regulate Nonemployee Access to Property under the NLRA
On September 6, 2019, the National Labor Relations Board (NLRB or Board) issued its decision in Kroger Limited Partnership I Mid-Atlantic, 368 NLRB No. 64, and officially rejected the idea that employers that allow civic and charitable organizations to fundraise on their property must also allow nonemployee union agents to solicit on employer property in…
Read MoreDon’t Dally on Your Data: Pay Data Required on EEO-1 Forms by September 30, 2019
The EEOC’s revised EEO-1 form, which now includes employee pay data, must be filed for covered employers for calendar years 2017 and 2018 by September 30, 2019. Remember that EEO-1 forms are required of all employers with 100 or more employees, as well as federal government contractors who have 50 or more employees and contracts…
Read MoreEEOC Explains How to Report Nonbinary Individuals on EEO-1 Form
As more employees have identified their gender as nonbinary rather than male or female, employers have struggled to determine how to report these workers’ gender on the EEO-1 form provided to the Equal Employment Opportunity Commission (EEOC). The EEOC recently has said in an FAQ that employers may report this information in a comments section…
Read MoreIntroducing ’Summer Cleaning’: A New Reason to Update Your Employee Handbook
Everyone is familiar with the concept of spring cleaning; maybe you even organized a few closets or cleaned behind your refrigerator last season. Those chores are good for your home, but did your spring cleaning efforts benefit your organization? Probably not. That’s why we’d like to introduce the concept of “summer cleaning.” Its purpose? To remind…
Read MoreYour Employee Filed An EEOC Charge. Now What?
Charges of discrimination filed with the Equal Employment Opportunity Commission (“EEOC”) (and similar charges with state and local human relations agencies) are a critical first step in an employee’s discrimination claim. For employers, the importance of responding strategically to such charges cannot be understated. This article will cover what to expect, and will provide a few key strategic…
Read MoreTo Avoid EEOC Actions, Create Policies, Train in Advance
As topics like #MeToo and workplace bias receive continued attention, the importance of understanding how the Equal Employment Opportunity Commission (EEOC) works will only grow. For one thing, experts say, the EEOC’s procedures are complicated and evolving. For another, many companies work under misconceptions that could complicate an already messy situation should they ever be…
Read MoreHow Can I Sue Thee? Let Me Count The Ways.
Last week, I talked about five very basic things employers do to get themselves embroiled in employment litigation. They were Discrimination (not only unlawful discrimination, but also favoritism and nepotism, which are legal but are likely to lead to charges and lawsuits because of the perceived unfairness) Failure to consider or make reasonable accommodations Failure…
Read MoreTen Ways Employers Get Themselves Sued (Part One)
Take care of yourself! In medicine, sometimes the practices that get people in trouble are pretty simple. Too many nachos, and not enough leafy greens. You’d rather binge-watch Seasons 1-3 of Stranger Things than go for a walk. You hate needles, so you haven’t been to the doctor in 20 years. The same principle often applies…
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