Hoeppner Wagner & Evans LLP

March 2013 Archives

New I-9 Form Necessary for New-Hires

U.S. Citizenship and Immigration Services recently announced the newly revised Employment Eligibility Verification form, Form I-9. Employers are required to use the I-9 Form to verify the identity and employment authorization eligibility of their employees. The revisions to Form I-9 contain formatting changes and the inclusion of additional data fields. To utilize best practice, employers should begin using the new Form I-9 with revision date 03/08/13 immediately for all new hires. To ensure the correct form is utilized, the revision date is on the lower left of the new form, which reads "(Rev. 03/08/13)N." Employers are required to complete Form I-9 for all newly-hired and re-hired employees to verify their identity and authorization to work in the United States. Employers should begin utilizing the new form, which can be obtained at: http://www.uscis.gov/files/form/i-9.pdf and is attached hereto, by May 7, 2013.

Employment Decisions Based On An Employee's Status As A Family Caregiver Can Implicate Federal Anti-Discrimination Laws

lu_hwe_logo.jpgMost employers are aware of federal laws, and state-based counterparts, that prohibit discrimination in employment based on sex, race, disability, age, and other protected categories. Most employers are also familiar with the federal Family and Medical Leave Act (FMLA). However, many employers may not be aware that while there is no federal discrimination law prohibiting discrimination based on an employee's need to act as caregiver to a child, spouse or parent, employers who make employment-related decisions based on a person's status as a caregiver may risk violating one, or more, employment discrimination laws. Further, employers who retaliate against employees in response to requests for leave or other accommodations related to their caregiver status may face claims under the anti-retaliation provisions of federal and state anti-discrimination laws.

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