hr lawyer in san francisco ca

New I-9 Form Required For All Employers


New I-9 forms are required this year.

After over a year of editing, the US Citizenship and Immigration Services agency of the Department of Homeland Security has published a new Employment Eligibility Verification Form (Form I-9). The new form went into effect on March 8, 2013. Recognizing that employers may need a bit of time to transition use to the new form, the USCIS provided a sixty (60) day “safe harbor” for employers, and thus, gave employers until May 7, 2013 to start using the new Form I-9. Thus, now is the time your company should be taking steps to be in compliance by early May.

The new I-9 Form is now nine pages in total (seven pages of instructions/information, one page for the employee to complete, and one page for the employer to complete). Generally, the entire form is much easier to read than the old forms, and should help to reduce mistakes by the employee and employer. The seven pages of instructions are also more helpful and provide more clarity. In addition, the USCIS has updated the “Handbook for Employers, Guidance for Completing Form I-9″ (M-274).

Some General Reminders and Tips:

  • Employers are required to complete the Form I-9 each time they hire a new employee (with some exceptions).
  • A new employee should fill out the first page of the Form I-9 at the date of hire (which is no earlier than when the employee accepts the job offer), which should be no later than the first day the employee performs work.
  • Then, the employer should review the employee’s information on the Form I-9, and complete the employer sections (page 2 of the form) no later than three (3) business days from the date of hire.
  • The employer must physically examine the documents the employee presents for verification, and the person who examined the documents must be the person who signs the Form I-9.
  • Most employers choose to photocopy the employee’s documents. If your company does so, then the company must be sure to follow this same practice for every employee.
  • Employers must retain the completed Form I-9 and copies of documents for as long as the employee works for the employer, AND for a period after the employee separates from the company. These records can be retained in paper format, on microfilm, or electronically, but please review Part 3 of the Handbook for details.
  • Employers could face stiff penalties:
    • For failing to comply with Form I-9 requirements: not less than $110 and not more than $1,100 for each violation;
    • For knowingly hiring (continuing to employ) unauthorized workers: not less than $375 and all the way up to $16,000 for each unauthorized worker;
    • Potential civil lawsuits for discrimination and retaliation; and
    • Additional penalties and even criminal charges for other violations.
  • Train company representatives who will be processing Form I-9s for your company.
  • Review/audit your Form I-9 procedures and files to determine how your company is doing and whether it is compliant.

Yahoo!, Telecommuting and March Madness in the Workplace


UPDATED: March 11, 2013: For the second consecutive time, my article for Windmill Networking (MaximizeSocialBusiness) has been highlighted in, and chosen as one of the top Blog posts by CommPRO.biz. Please see the March 8, 2013 Daily Headlines and Features by CommPRO.biz Last month, my article titled “Social Media in the Workplace: Hoaxes, Lies and a President’s Unconstitutional Behavior” was chosen as one of the top Blog Posts by, and highlighted in, the February 8, 2013 Daily Headlines and Features by CommPRO.biz

ORIGINAL MESSAGE: March 8, 2013: Yahoo! recently announced the end of telecommuting for its workforce. Yahoo!’s change in policy has spurred many discussions about the advantages and disadvantages of telecommuting. And, for the majority of employers who permit telecommuting, it is critical that they have clear and comprehensive policies in place to address the many issues of a telecommuting workforce. In my March 2013 post for Windmill Networking (now MaximizeSocialBusiness.com), I examine some of these issues. In addition, I revisit the many issues employers and employees face during the season of March Madness. See my article titled: “Social Media and Employment Law: March Madness (and Yahoo!/Telecommuting) Causes Craziness in the Workplace“.

 

Hoaxes, Lies and a President’s Unconstitutional Behavior


What does President Obama have to do with social media in the workplace?

My article titled “Social Media in the Workplace: Hoaxes, Lies and a President’s Unconstitutional Behavior” was chosen as one of the top Blog Posts by, and highlighted in, the February 8, 2013 Daily Headlines and Features by CommPRO.biz

My article focused on a federal court case (decided in late January 2013) finding that President Obama’s 2012 “recess” appointments to the National Labor Relations Board (NLRB) violated the U.S. Constitution. One consequence of this court case is that now all of the NLRB’s decisions from 2012 are called into question since they were decided by an improperly seated NLRB. I analyze what this court decision means to employers and employees. I also analyze some of the repercussions the Mantei Te’o hoax and lying on resumes/LinkedIn can have in the workplace.

You can read more of my posts regarding Social Media in the Workplace at Windmill Networking.

Image courtesy of Wikipedia

Looking Forward To Another Great Year With The Contra Costa County Bar Association


My employment law seminar at the Contra Costa County Bar Association was a success!

On January 25, 2013, I was installed (sworn in) for my second year as a Board Member of the Contra Costa County Bar Association (CCCBA). The CCCBA has been considered one of the premier bar associations in the nation for quite some time due to a dedicated staff, Executive Director, and an active community of attorneys and volunteers.

I also had the opportunity to kick off the new year for the CCCBA’s Employment Law Section by co-presenting an Employment Law Update seminar to other attorneys in the CCCBA. I provided information regarding changes to the Department of Fair Employment and Housing and the Fair Employment and Housing Act, issues with social media in the workplace, changes to various Labor Codes, and discussed steps employers should take to remain complaint with new employment laws. We had a great audience and exchange of view points and tips for practitioners.

I look forward to another great year with The Contra Costa County Bar Association!

6 Key Social Media Resolutions for Employees and Employers


Is it time to make some new policies for social media?

Eat healthier. Ger more exercise. Spend more time with the kids.

Do you make resolutions for the new year? If so, you probably focus on the items that focus on your family, health and prosperity. Employees should also take the time to make some resolutions regarding social media and how it impacts their workplace. Companies too should keep some key resolutions in mind as the legal issues concerning social media in the workplace continue to shift.

In my article titled “6 New Year Resolutions for Employees and Employers Regarding Social Media” I offer some ideas to consider in order to help ensure social media does not become a liability, but rather an asset.

Continue to stay updated on these, and similar, important issues by reading my monthly contributions on Social Media and Employment Law at Windmill Networking, and by following my posts here as well.