In a move aimed at streamlining and modernizing the employment verification process, the U.S. Citizenship and Immigration Services (USCIS) released a revised version of the Form I-9, the Employment Eligibility Verification form, on August 1, 2023. This updated form, with an edition date of 08/01/23, replaces the previous edition from 2019 (dated 10/21/19). The alterations mark a significant shift in the way employers verify the eligibility of their employees to work in the United States.
NLRB’s Landmark Decision Reshapes Employer Work Rules: Stericycle, Inc. and Teamsters Local 628 (372 NLRB No. 113, 2023)
In a pivotal move that again reshapes the landscape of employer-employee relations, the National Labor Relations Board (NLRB) recently issued a significant decision in the case of Stericycle, Inc. and Teamsters Local 628. This ruling (372 NLRB No. 113, 2023) ushers in a new era for evaluating employer work rules and policies, marking a departure from previous standards and a notable shift toward prioritizing employee rights. In Stericycle, the Board reviewed the decision of an administrative law judge who found that the Respondent violated Section 8(a)(1) by maintaining certain rules for its employees that addressed personal conduct,
Noncompete Agreements Under Siege
There has always been a tension between two important competing principles that underlie American law when it comes to noncompete agreements. First, is the freedom to contract, which gives individuals the right to bargain with others over nearly any topic and come to a good, bad, or indifferent deal. For example, employers argue that they should have the right to contractually protect their trade secrets and the time and investments they make in developing customer relationships and goodwill.
U.S. Supreme Court Landmark Decision
Yesterday, June 15, 2020, the United States Supreme Court issued a decision in Bostock v. Clayton County, Georgia (and two other consolidated case) that has been highly anticipated in the business community for years. The issue: Does Title VII of the Civil Rights Act of 1964 prohibit discrimination based on sexual orientation and gender identity? In a 6-3 ruling, Trump-appointed Justice Neil Gorsuch wrote the majority opinion answering this question, “YES.”
DoL Provides FAQ and Poster for the New FFCRA
The Department of Labor has issued guidance on the new Families First Coronavirus Response Act (“FFCRA”) as well as a mandatory poster which must be displayed conspicuously in the workplace. While the Act was set to go into effect fifteen days after the President signed it, which would have been April 2, 2020, the DoL has made it effective as of April 1, 2020. Since March 17, 2020, when we wrote about the House passing its version of the FFCRA,
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(COVID-19) Governor Brad Little Issues Stay at Home Order
The order announced earlier today by Governor Little has now been issued. In a nutshell, it orders all Idaho citizens to self-isolate for a period of 21 days from today (April 15, 2020). Exceptions to this order include the provision of “certain essential activities and work to provide essential business and government services or perform essential public infrastructure construction, including housing.” All bars, nightclubs, gyms, and recreation facilities have been ordered to close.
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WARNing: COVID-19
In recent weeks we have received numerous calls related to various employment issues involving the latest coronavirus, COVID-19. Issues range from wage and hour to safety. This article will focus on the Worker Adjustment and Retraining Notification Act (“WARN”), 29 U.S.C. §2101 et seq.
WARN requires, with some exceptions, sixty days advance written notice before a plant closing or mass layoff at any single site. Liability for noncompliance may include pay and benefits for 60 days,
Federal Families First Coronavirus Response Act
On March 14, 2020, the House of Representatives passed House of Representatives Bill 6201, the Families First Coronavirus Response Act. The day before, President Trump tweeted his support of the bill, saying he would sign it when received. The Senate will likely vote on its version of the bill sometime this week.
As passed by the House, the bill temporarily amends the Family and Leave Act, provides emergency paid sick leave,
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New I-9 Form
On or before May 1, 2020, employers must begin using a new I-9 form (Rev. 10/21/2019) in their hiring processes. There is no need to update existing I-9s for employees who previously and properly completed their forms. Other than a few changes to the instructions, there is little other change to the new form. For example, it clarifies that employers do not need to list “N/A” on unused lines.
If you have any questions about this or any other legal topic,
Protecting Older Workers Against Discrimination Act
Senate Bill 485 and House Bill 1230, identical bills entitled “Protecting Older Workers Against Discrimination Act,” are currently before Congress. The House majority leader has indicated that the House Bill may be considered within the next week.
These bills seek to overturn the United States Supreme Court’s ruling in Gross v. FBL Financial Services, Inc., 557 U.S. 167, 129 S.Ct. 2343 (2009), which held that for plaintiffs to prevail in age discrimination cases,
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