Immigration

Don’t assume privacy clause guarantees privacy

01/15/2009

Some employers include a privacy clause in their applications and handbooks that tells employees they can opt out of having their names and addresses released to third parties. However, if a worker who is suing for wage-and-hour violations wants to get his hands on employee names and contact information for the purpose of building a class-action case, those privacy clauses can’t stop it.

Immigration compliance issues and changes to track in 2009

01/15/2009

Employers have a number of immigration compliance issues to track in 2009, affecting the Employment Eligibility Verification Form I-9, business travel, no-match letters and employment authorization documentation.

Can we have an English-only rule?

01/13/2009

Q. Is it OK for our company to prohibit employees from speaking in languages other than English in front of our customers?

Staffing company owes $113,000 to Long Island club workers

01/09/2009

Star One Staffing has agreed to pay $113,000 in back wages and damages to 70 Filipino workers who served as waiters, waitresses and bus staff at exclusive Long Island country clubs.

Legal limbo or law of the land? The ‘new’ no-match rule from DHS

12/24/2008

In 2007, a U.S. District Court judge in California had enjoined the U.S. Department of Homeland Security from enforcing new rules that changed the language of the no-match letters issued by the Social Security Administration and the requirements for how employers must respond to the letters. DHS announced that its final no-match rule was taking effect Oct. 28, 2008.

I-9, FMLA, ADA overhaul: Are you ready?

12/24/2008

The year that the Society for Human Resource Management (SHRM) predicts will carry “the most sweeping HR-related changes in 30 years” starts with a bang this month as HR professionals must adapt to important changes to two key employment laws—the FMLA and the ADA—and replace their I-9 forms.

Feds issue new I-9 form: Start using it by Feb. 2

12/18/2008

U.S. employers must begin using a revised version of the I-9 Form starting Feb. 2. Employers that use the current edition of the I-9 (dated 06/05/2007) after Feb. 2 may be subject to fines.

Obama to inherit dispute over SSN ‘no match’ letters

12/18/2008

How should employers respond to a government “no-match letter” that identifies discrepancies between an employee’s name and the Social Security number provided for I-9 purposes? The Department of Homeland Security tried to clarify that issue last year with new regulations, but a lawsuit held it up.

‘Dream survey’ clues Las Vegas firm to employee hopes, needs

12/08/2008

Station Casino executives want to know what their employees dream about. A 20-question “dream survey” asks workers at the Las Vegas-based organization questions like, “Do you dream of owning your own house?” and “Do you dream of owning your own computer?” Here’s what their answers led the organization to do.

Should you make copies of employees’ I-9 documentation?

12/01/2008

Federal law says employers are allowed, but not required, to make copies of the drivers’ licenses and other documents that their employees show for I-9 purposes. But is it legally wise to make those copies? Attorneys are split on the issue. Here’s our analysis, plus answers to six common I-9 questions …