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Showing 29 posts from 2017.

New Form I-9 Released: Ensure You Are In Compliance By September 18th

U.S. Citizenship and Immigration Services ("USCIS") published the newest version of the Form I-9 on July 17. The new Form I-9 replaces the version previously released on November 14, 2016. While the changes to the form are subtle, the consequences for employers who do not use the new form to verify the employment eligibility of all new employees by September 18 are anything but. Fines for omissions or mistakes on Form I-9 can range from $216 to $2,156 per form. More ›

UPDATE: Massachusetts Medical Marijuana Patient Can Sue Employer for Discrimination

On Monday, Massachusetts Supreme Judicial Court ("SJC") issued a decision in Barbuto v. Advantage Sales and Marketing, holding that an employee may sue her employer for handicap discrimination based on her status as a medical marijuana patient. More ›

Rhode Island Superior Court Decision Holds that Employers Cannot Refuse to Hire Medical Marijuana Cardholders

The Rhode Island Superior Court recently issued a decision in Callaghan v. Darlington Fabrics Corp. holding that defendant employer violated Rhode Island's Hawkins-Slater Medical Marijuana Act ("the Act") by refusing to hire a prospective employee who was a medical marijuana cardholder. The ruling is a first in Rhode Island, and a departure from other states' decisions, such as New Mexico and Colorado, that have found in favor of the employer. More ›

Evans Vows to Take Sexual Orientation Discrimination Case to the U.S. Supreme Court

The Supreme Court may soon answer the most significant question to arise under Title VII in recent years: is sexual orientation discrimination “sex discrimination” within the meaning of the statute? The case to watch: Evans v. Georgia Regional Hospital. More ›

Electronic OSHA Reporting Deadline Delayed For Now, or Forever?

With the July 1, 2017 deadline looming for OSHA's electronic reporting requirement, it came as a relief to employers when, in May. OSHA gave word that it intended to propose extending this deadline.   More ›

Minneapolis and St. Paul Sick and Safe Time Ordinances Set to Take Effect July 1st

The sick time ordinances passed by both the Minneapolis and St. Paul City Councils take effect July 1, 2017. The Minneapolis Sick and Safe Time ordinance requires all employers with six or more employees to provide paid sick time; employers with five or less employees are required to provide unpaid sick time. The St. Paul Earned Sick and Safe Time ordinance will apply to all employers, regardless of size, but gives a six-month grace period to employers with 23 or fewer employees. Both cities have also included a deferral provision for new employers. More ›

Wisconsin Eliminates Permitting Requirements for 16- and 17-Year-Old Workers

Governor Walker signed Assembly Bill 25 (2017 Wisconsin Act 11) on Wednesday reducing burdens carried by employers that rely on teenage labor.  The law became effective June 23, 2017. More ›

Seventh Circuit Opinion Highlights Importance of Proactively Addressing and Documenting Employee Performance

Every employer has faced the unfortunate experience of hiring an employee whose performance fell well below expectation. As highlighted in the Seventh Circuit’s recent Ferrill v. Oak Creek-Franklin Joint School District decision, employers faced with poor performing employees should carefully address and document such shortcomings to ward off potential Title VII charges. More ›

Delaware Follows Trend of Banning Compensation History Inquiries in Effort to Reduce the Gender Pay Gap

In a developing trend, Delaware followed Massachusetts, Oregon, New York City and Philadelphia, in enacting legislation directed at ensuring equal wages between genders.  On June 14, 2017, Governor John Carney signed legislation, which prohibits prospective employers from asking job applicants about their salary history.  The reasoning behind these laws is that wage disparities are perpetuated when current pay is based on past salary decisions that may have been based on gender.  Rather, employers are encouraged by these new laws to assess potential pay based solely on merit, experience of the job applicant and the market rates. More ›

Ninth Circuit Says Age Discrimination Laws Apply to Public Employers of Any Size

In Guido v. Mount Lemmon Fire District, the Ninth Circuit Court of Appeals held that the Age Discrimination in Employment Act (ADEA) applies to public employers of any size.

John Guido and Dennis Rankin were hired by Mount Lemmon Fire District (in Arizona) in 2000. They served as fire captains until June 15, 2009, when they were laid off. At the time of the layoffs, Guido was 46 and Rankin was 54 years of age. They were the oldest employees at the Fire District. In April 2013, the two sued their former employer for age discrimination. More ›

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