New I9 Form

USCIS Issues New I-9 Form: Commentary and I-9 Checklist for Employers On July 17, 2017, U.S. Citizenship and Immigration Services (“USCIS”) issued a revised Form I-9. The new form must be used by September 18, 2017. The revised form has only one substantive change. A new Document on List C was added as an acceptable document

Negligent Hiring/Negligent Retention

Negligent Hiring/Negligent Retention For more than 100  years, various courts have recognized negligent hiring or negligent retention as an independent basis for a court action.   Negligent hiring occurs when an employer knew or should have known of an employee’s unfitness even before the employee was hired.  In these cases, the employer’s liability is based primarily

Pre Employment Inquiries

There are several State and Federal Laws which protect certain classes of people from discrimination in the workplace.  Failure to understand and follow these laws can and will lead to lawsuits, costing you thousands of dollars.  Sadly, there are those out there who know just enough about the law to “set you up” for a

Summer Help is Just Around the Corner

With Summer fast approaching and teens looking for summer jobs, I thought this article would be appropriate…   The Fair Labor Standards Act (FLSA)  is the primary child labor statute.  Under the FLSA, minors must be a least 16 years of age to work in most non-farming jobs and at least 18 years of age

Anger is NOT a Disability!!

A federal court in Kansas has ruled than employee who was fired for his menacing behavior related to a failed office romance cannot claim that he was disabled under the ADA.  After the employee slapped his former lover (resulting in an arrest on misdemeanor battery charges), and several threatening phone calls and letters to the

The ADA and Medical Examinations

The ADA’s prohibition against discrimination applies to medical examinations.  Generally, an employer is prohibited from conducting  a medical examination to determine whether an applicant has a disability or the nature or severity of a disability. However, the ADA does permit a medical examination after a job offer has been made and before the start of