Employers use Form I-9 to verify an employee’s identity and to establish that the worker is eligible to accept employment in the US. Form I-9 requirements are triggered by the hire of an individual for employment. A “hire” is the employee’s actual commencement of employment for wages or other remuneration. If any of the owners are also employees of the company, then each owner is required to complete a Form I-9. Failure to comply with all Form I-9 requirements could result in civil penalties imposed by United States Citizenship and Immigration Services (USCIS) against the employer. Therefore, as the owner, if you are provided payroll or other remuneration, you are required to meet Form I-9 requirements or face potential penalties.

Form I-9, Employment Eligibility Verification, is used by the federal government to verify the identity and authorization of your employees to work in the US. It must be completed for all employees working at your company within three days of their starting date. The form has two parts. The first part, or section 1, is for the employee to complete on the first day of employment. The second part, or section 2, is for the employer to complete within the first three days of the individual’s employment. The employer does this while reviewing the supporting documents that the employee is required to provide.

Some states make it mandatory for employees to use direct deposit for their paychecks. However, most states prohibit employers from requiring employees to use either direct deposit or pay-card programs.

An employee’s “primary duty” is the reason he or she was hired by the organization. Employers should review the importance of the employee’s exempt duties versus nonexempt work and how much supervision is needed for the position. Employers can determine this by looking at whether the employee spends 50% or more of their time on exempt tasks.

Employers have discretion when designing their benefit plans and can make eligibility distinctions. These differences should only be based on a bona fide employment-based reason and applied to all similarly situated employees. Examples of employment-based reasons include tenure, full- or part-time status, exempt/nonexempt status, or geographic location.

t depends. Nonexempt employees must only be paid for time actually worked, so holiday pay is not required; therefore, nonexempt employees may request to use accrued paid time off to cover the closure. Exempt employees must be paid their regular salary, so employers cannot “dock” their pay when the business is closed for less than one week. If your company is closing for two days to observe the 4^th of July you would be required to pay all of your exempt employees for that full week, if they took additional time you can force exempt employees to use accrued paid time off to cover the closure.

In order, the top three most common types of complaints filed are retaliation for making a discrimination complaint, racial discrimination, and sex discrimination.

With vapor shops popping up on every corner across the US, we are getting asked more and more about the laws and regulations for electronic cigarettes (e-cigarettes). E-cigarettes are battery-powered devices that mimic cigarettes by vaporizing a nicotine-laced liquid that is inhaled by the user. The use of e-cigarettes in workplaces and public places is a significant public health concern due to the potential health impact of the vapor on users and bystanders. E-cigarettes are also becoming a compliance issue with smoke-free laws. Most local and state laws were enacted before e-cigarettes were on the market, so while laws regarding cigarette smoking do not clearly mention the e-cigarette, it should be assumed that they are not permitted in the workplace in the same way that smoking cigarettes is not allowed in the workplace.  We suggest if you have designated smoke-free areas those areas should be designated for e-cigarettes as well.