3. Another valuable resource for employers handling Form I-9 issues is the I-9 Central webpage available on the USCIS website. This webpage provides additional information about Form I-9, including learning resources and frequently asked questions. … [Read more...] about The Time to Comply is Now: The New “I-9 Sheriff” is in Town!
Onboarding questions for new hires
What About New Employee Documents?Like employment policies, seemingly straightforward new employee documents can run afoul of MEPA’s requirements. Applications that seek current or historical salary information will need to be revamped to meet MEPA’s requirements. Similarly, offer letters and onboarding materials that discuss compensation and eligibility for salary increases may need revision. Job descriptions that contain salary bands or criteria for salary changes should also be carefully examined for MEPA compliance and best practices to protect employers. … [Read more...] about Preparing for the New Massachusetts Equal Pay Law, Part II: Which Policies to Revise in Light of the Upcoming Effective Date
This case shows that when onboarding employees, companies should exercise due diligence in ascertaining the existence of a possible non-compete. Steps that can be taken as part of such due diligence include having counsel review any existing contracts to which a potential new hire is subject and having potential hires and contractors sign certifications regarding the existence of non-competes or other contractual restrictions on their ability to perform the duties of their proposed new position. … [Read more...] about Lack of Actual Knowledge of Existence of Non-Compete Defeats Tortious Interference Claim
Employers with Kansas operations should be familiar with the 2013 amendments to the wage withholding and deduction provision of the Kansas Wage Payment Act (KWPA). The amendments added two new subsections to expand when employers may withhold or deduct wages. The amendments were intended to allow more discretion to withhold or deduct wages for more reasons. However, the imprecise drafting of the amendments, coupled with Kansas Department of Labor (KDOL) regulations that have not been updated, have left several open questions. Here are three practical tips to consider. … [Read more...] about 3 Tips to Proper Wage Withholdings Under the Kansas Wage Payment Act
The H-1B visa is valid for three years and is renewable once, for an additional three years. To obtain an H-1B visa, a foreign national’s potential employer must file a Labor Condition Application form (LCA) with the Department of Labor. On the LCA, the employer must state that they pay the nonimmigrant worker local prevailing wage or the employer’s actual wage for the position, whichever is higher, and offer them benefits on the same basis as for U.S. workers. They must provide the H-1B working conditions that will not adversely affect the conditions of workers similarly employed, not employ an H-1B worker where a strike is occurring, and provide verbal, electronic or written notice of the employer’s intent to hire H-1B workers within 30 days of filing the LCA. Additionally, if the employer’s H-1B workers compromise more than 15 percent of its workforce, the employer is considered an H-1B dependent employer. H-1B dependent employers and willful … [Read more...] about The H-1B Visa Program: Its Contradictory Perception And Why the U.S. Must Increase The Visa Cap