New I-9 Form Effective Today

Beginning today, May 1, 2020 employers must use the newer Employment Eligibility Verification Form (with the revised date of 10/21/19-found in the bottom left-hand corner). Form I-9 is published by the US Citizenship and Immigration Service (USCIS) and changed periodically to address current issues. For the past three months, notwithstanding the coronavirus crisis, employers have…

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State Insurance Czars Order Refunds/Extensions

The California Insurance Commissioner and the New Jersey Department of Banking and Insurance both took actions this week to put more money in the pockets of insurance customers. In California, a Bulletin from the Office of Insurance Commissioner Ricardo Lara requires insurance companies to provide a premium credit, reduction, return of premium or other appropriate…

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Ohio Hopes For Workers Compensation Dividend

Ohio Governor Mike DeWine has asked the Ohio Bureau of Workers Compensation (BWC) to pay out employer dividends in the amount of $1.6 billion as a means to help the state’s business community survive the economic disaster resulting from the COVID-19 crisis. BWC reported that the $1.6 billion is the same amount as was paid…

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Other State & Local Actions

As the COVID-19 crisis continues to wreak havoc with the American business landscape, several states and cities have put laws and executive orders on the books to address different issues arising in their communities. North Carolina Governor Roy Cooper on Tuesday of this week signed an Executive Order prohibiting utilities in the Tar Heel State…

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Joint Employer Finalized, or Not!

It’s hard to fathom that the joint employer question/issue, first created under the Obama administration with the NLRB Browning-Ferris decision back in 2015, is still unresolved all these years later. As we advised last week, the NLRB and the Department of Labor have both issued a “final rule” re-establishing the historical definition of joint employer.…

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SCOTUS Expands I-9

In a 5-4 decision along ideological lines this week, the Supreme Court of the United States (SCOTUS) expanded the potential use I-9 information for the potential prosecution of state crimes as well. The 1986 Immigration Reform and Control Act (IRCA), which created the I-9 form, states that the information “may not be used for purposes…

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Drive-by Lawsuits

We noted this week a story on the dramatic increase – to record breaking numbers – of lawsuits filed alleging violations of the Americans with Disabilities Act (ADA) Title III. Over 11,000 lawsuits were filed in 2019 – up from just 2700 in 2013 – alleging some violation of the landmark 1990 law. That fact…

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Feds Considering H-2B Visa Increase

In a budget hearing before the Senate Appropriations Committee subcommittee on Homeland Security this week, Acting Department of Homeland Security Secretary Chad Wolf reported that a decision on raising the cap for the temporary non-agricultural guest worker H-2B visa program will be made “very shortly.” The H-2B program is currently capped at 66,000 visas issued…

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Federal Agencies Post Regulatory Guidance

Today is the deadline for all federal agencies to post all of their various guidance documents explaining their regulations. As mandated by two Executive Orders issued back in October, the guidance, which includes letters, press releases, adjudication decisions and the like, must now be posted on searchable websites. The Executive Orders signed in October –…

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Court Upholds NYC Fair Workweek Law

In a decision released this past Tuesday, New York state Supreme Court justice Arthur Engoron dismissed a lawsuit challenging the validity of the New York City Fair Workweek law enacted back in 2017.  The New York Fair Workweek law requires fast-food employers in the Big Apple to provide workers with 14 days advance notice of…

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