All employers are required to verify employment eligibility of their new employees by completing Form I-9. Section 2 of the form is to be completed by a representative of the company within three business days of the employee’s first day of work. To complete Section 2, the employer’s representative must physically review original documents which verify employment eligibility (acceptable documents include a passport, permanent resident card, driver’s license, birth certificate and many others as indicated on the instructions of Form I-9). These documents must be originals and cannot be copies, scanned versions, faxes and also cannot be viewed over a video call such as Skype. This creates a potential issue for companies with a remote workforce where employees do not all live and work in the same area. Continue reading
Beginning on January 1, 2018 there are a number of new employment laws going into effect in California that employers should be aware of. Read below for details regarding five of these new laws. Continue reading
When weather emergencies, like hurricanes or snow storms, occur and your business is affected, are you required to pay your employees? It’s not a simple yes or no answer — rather, the situation and the employees’ exempt or nonexempt status determine who should be paid and for what. Continue reading
Employers with 50 or more employees must offer eligible employees up to 12 weeks of unpaid leave under the Family Medical Leave Act (FMLA). But what about employers with less than 50 employees? Are they required to provide a leave of absence to an employee with an illness or injury or to an employee who has a family member with a serious illness or injury? Quite possibly. There are a number of federal and state laws which may require an employer to provide a leave of absence, even when the employer is not covered by FMLA. Continue reading
Federal Law stipulates that employers only hire individuals who can legally work in the United States, either U.S. citizens or foreign citizens who have the required authorization. To act in accordance with the law, all employers must complete and preserve Form I-9 (Employment Eligibility Verification) to document verification of the identity and employment authorization of all new employees, citizens and noncitizens, to work in the United States.
Employees and employers (or authorized representatives of the employer) must complete the form. The employee must complete Section 1, which they must confirm to their employment authorization. The employee must also present their employer with suitable documents providing identity and employment authorization. The employer must examine the employment eligibility and identity document(s) the employee presents to determine if the document(s) appear to be authentic and relate to the employee and record the document information in Section 2.
The federal Family and Medical Leave Act (FMLA) provides eligible employees with up to 12 weeks of unpaid leave in a 12 month period where their job is guaranteed upon their return. The law also requires that any group health insurance benefits the employee participates in are continued for the duration of the FMLA leave as if the employee was still working full time.
FMLA only applies to companies with 50 or more employees during each of 20 or more calendar workweeks in the previous or current calendar year. This may include members of controlled groups and joint employers if the total employee count is 50 or more. In addition, all public agencies (including local, state and federal government agencies) as well as public and private elementary or secondary schools are covered employers regardless of the number of employees.
With more and more states legalizing marijuana for medical purposes and/or for recreational purposes, many employers are unsure what they can and cannot do in regards to drug and alcohol testing and substance abuse policies.
There is no federal law that prohibits drug and alcohol testing, nor are there any federal regulations providing specific requirements for drug and alcohol testing for private employers. Some states do have specific requirements, so it’s important for employers to be aware of the rules in place in each state for which they have employees to remain in compliance. Listed below are brief summaries by state of rules relating to drug and alcohol testing and medical or recreational marijuana in the workplace where either have been legalized. Continue reading