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New Form I-9 Required as of December 7, 2007 As of December 7, 2007, all employers will be required to utilize the new Department of Homeland Security Employment Eligibility Verification form ("Form I-9"), which is now available on the Department's Web site [link]. The new Form I-9 includes changes intended to better reflect current employment eligibility verification requirements. Changes to the Form I-9 include the removal of five documents from "List A" of the "List of Acceptable Documents," the addition of one document to List A, the consolidation of all Employment Authorization Documents with photographs into one item on List A, instructions that the employee is not obligated to provide his or her Social Security number in Section 1 of the Form unless he or she is employed by an employer who participates in E-Verify, and a statement regarding the fact the Form I-9 can be signed and retained electronically. Please contact any member of Schiff Hardin's Labor and Employment Group if you have questions regarding the new Form I-9.
California Labor Code Section 2802 provides that employers must reimburse employees for "reasonably incurred" business expenses. To this end, employees typically submit expense reports and are then reimbursed dollar for dollar. But what if an employer does not want to be bothered with a dollar for dollar reimbursement, and instead "ballparks" the usual costs and increases its workers' wages accordingly?
In today's rapidly changing technological world, e-mail is an important communication tool, for both business and personal use. Indeed, the United States government has recognized the growing significance of e-mail in today's society by enacting the Electronic Communications Privacy Act ("ECPA"), which governs unauthorized access to and disclosure of electronic mail messages. In recognition of the unique role that e-mail communications play in the business world, the ECPA contains an important exception for employers. Employers may review employee e-mails so long as they have consent from the employee (obtained through an employee handbook, policy or similar means) or the employer can show a business necessity for the interception or access.
A new generation of union leaders is bringing efforts to influence employers into the 21st century. From anti-employer Web sites and blogs touting damaging (and often inaccurate) information to coordinating activities via text messaging and MySpace, unions have started using technology to focus their efforts and create public relations nightmares for the companies they are seeking to influence. Now, employers are starting to fight back using RICO (the Racketeer Influenced and Corrupt Organizations Act — the very law that was used to fight mob influence over unions years ago). An editorial published in The Washington Times on November 8 discusses the impact of these union tactics, and the steps employers are taking in response [link]. If you are experiencing such union efforts, our Labor and Employment and RICO attorneys would be happy to meet with you to discuss your company's rights and options under RICO and other statutes. Recent Alerts October 25, 2007 October 10 , 2007 Schiff Hardin on the Road
Schiff Hardin Labor and Employment Group |
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