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
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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
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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

FINAL RULE Released: Fair Labor Standards Act Overtime Regulations

The Department of Labor (DOL) has released its final regulations making changes to Part 541 governing overtime exemptions under the Fair Labor Standards Act (FLSA). Salary Threshold Changed  from $455/week ($23,660 per year) to $913/week ($47,476 per Year) This means that any Salaried/Exempt employee who today makes less than $47,476 per year will have to be re-classified

Form I-9 Proposed Changes

Form I-9 Proposed Changes USIS (United States Customs and Immigration Services) published a notice in the Federal Register on March 28 2016, to inform the public of proposed changes to Form I-9, Employment Eligibility Verification. The public may provide comments on the proposed changes for 30 days, until April 27 2016. For a detailed summary of the proposed

How long must you go back for pay mistakes?

Q One of our employees discovered that he incorrectly coded his overtime, which means he wasn’t paid at the proper rate. Now he wants us to go back 10 years to see if he has been paid wrong. Is there a time limit for reimbursing him for mistakes in his pay? A Yes. Under the Fair Labor

Things to Consider with your Employee Handbook

All employers should have well-drafted employee handbooks to provide direction and structure for your employees and to protect the Company from unnecessary legal entanglements  Handbooks should be updated at least annually to ensure that they are in compliance with recent federal, state and local laws that have been passed. Some things to consider: Do you