The newly revised Form I-9 is here! A revised Form I-9, Employment Eligibility Verification, the form that must be completed by all employers to verify the employment eligibility of every new hire, must be used starting March 11, 2013. The new form includes the expansion of the Form I-9 from one to two pages (not including the “List of Acceptable Documents” and form instructions), additional data fields (such as the new hire’s email address and phone number), enhanced Form I-9 instructions, and a revised layout.

Continue Reading Spring Cleaning Your Hiring Packet?: Start With The Newly Revised I-9

A recent study by Symantec shows that employee theft of employer confidential information is widespread. A summary of the survey is available at www4.symantec.com/marketinginfo/data.  The survey was conducted by a private research institute.  Some of the more alarming results of the study include:

  • Approximately 50% of the employees who left or lost their jobs in the past year kept confidential corporate data and 40% of them planned to use it at a new job.
  • Most employees do not believe using business data taken from a previous employer is wrong.  According to the study, 56% of employees do not belief it is a crime to use a competitor’s confidential business information.

There is more employers can do to make employees understand what belongs to the company and what does not.  It may be a tougher challenge to get employees to care.

By:  James L. Brannen

In Sanchez v. Swissport, Inc. (2013) 2013 Cal. App. Lexis 131, the Second Appellate District of California, for the first time, has addressed whether an employer who provides the full amount of leave allotted by the California Family Rights Act (CFRA) and Pregnancy Disability Leave (PDL) to a pregnant employee with early pregnancy-related disabilities, can still be held liable for failing to provide additional leave to that employee under the Fair Employment and Housing Act (FEHA) as a reasonable accommodation until after the employee gives birth.

Continue Reading Second Appellate District Holds that Employers do not Fulfill FEHA Obligations by Providing the Statutory Four-Month PDL Leave to Employees with Pregnancy-Related Disabilities

The risks involved in misclassifying a worker as an independent contractor rather than an employee have always been serious. A number of federal and state agencies regulate the proper classification of workers and have the authority to impose significant monetary and non-monetary sanctions against employers who get the classification wrong.

Continue Reading Upcoming Seminar: Independent Contractor v. Employee – “Saying It’s So, Doesn’t Make It So”

By:  Lizbeth V. West, Esq.

Effective March 8, 2013, those employers covered under the federal Family and Medical Leave Act (FMLA) will be required to comply with the recently issued regulations from the U.S. Department of Labor (DOL). The majority of the new regulations relate to the FMLA’s military leave provisions and the Airline Flight Crew Technical Corrections Act. However, there are a few other minor changes and requirements, including the requirement that employers replace their FMLA poster with an updated poster by March 8, 2013.

Continue Reading Are You Ready For Your New Compliance Obligations Under The FMLA?