Hiring & Firing I-9

Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and... more +
Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and can create tremendous liability for employers who fail to properly adhere to acceptable employment practices. Some of the potential pitfalls in this area stem from discriminatory hiring practices, improper performance evaluations, and retaliatory firings.  less -
News & Analysis as of

I-9 Checkup: Nine Best Practices for I-9 Compliance

In today’s complicated maze of compliance requirements, most employers are aware of the need to complete a Form I-9 for every new hire. However, some employers fail to recognize the significance of the I-9 form....more

Proposed Rule Could Increase Scrutiny of Employers During the Employment Eligibility Verification (I-9) Process

Under existing law, employers are required to verify the identities and employment eligibility of employees hired after November 6, 1986, by completing the Form I-9. In addition, employers cannot discriminate against workers...more

I Can’t Ask That? - Taking a Closer Look at Citizenship and National Origin Discrimination

When seeking a qualified candidate for an open position, Human Resources professionals are aware that it is generally impermissible to inquire about or consider an applicant’s race, sex, religion, or disability during the...more

The Employment Law Authority - July/August 2016

On June 27, 2016, in National Federation of Independent Business et al. v. Perez, et al., the U.S. District Court for the Northern District of Texas (Lubbock Division) granted Plaintiffs’ Motion for a Preliminary ...more

New Form I-9 Cleared by OMB

For those employers anxiously awaiting the “new” Form I-9 (the Employment Eligibility Verification Form) the wait continues but we are getting closer. On August 25th the Office of Management and Budget (OMB) cleared the...more

Reducing Redundancy: Colorado Repeals its State-Specific Employment Verification Requirement

Effective August 10, 2016, Colorado has eliminated the requirement that employers collect and retain state employment verification forms for each new hire. The Colorado General Assembly concluded that the state collection...more

Fifth Circuit Overturns $226,000 Fine Imposed on a Staffing Company for Completing Section 2 of Form I-9 Remotely

The Department of Homeland Security (DHS) takes the position that employers must physically review original documents in the actual presence of a new hire when completing the attestation in Section 2 of the Form I-9 (the...more

Fines for I-9 and Other Immigration Violations Have Increased as of August 1, 2016

The U.S. Departments of Homeland Security (DHS), Labor (DOL) and Justice (DOJ) have increased the civil fines for employers that commit immigration-related offenses, such as unfair employment or discrimination practices, H-1B...more

Immigration Penalties Increase Effective August 1, 2016

The Department of Justice has issued a new rule increasing penalties for I-9 paperwork violations, unlawfully employing unauthorized workers, and unfair immigration-related employment practices. The increase was triggered by...more

SSN Mistake Leads To Million Dollar Verdict - How Can You Avoid A Similar Fate?

A federal court in California recently ruled that a job applicant’s admission that he used a false Social Security Number (SSN) cannot be the basis for disqualifying him from employment on good moral character grounds. The...more

Higher Immigration Penalties for I-9 and Other Violations Going Into Effect August 1, 2016

As a result of the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, higher immigration fines and penalties will go into effect on August 1, 2016. The fines and penalties cover Form I-9 paperwork...more

Three New Colorado Employment Laws on the Horizon: Employment Verification, Pregnancy Accommodations and Personnel-File Inspection

The Colorado General Assembly passed three laws in 2016 that affect Colorado employers. This legal update briefly describes the new laws and suggests steps employers should take to assure future compliance: - Colorado...more

U.S. Employers Facing Increased Fines for Form I-9 Violations

The U.S. Department of Justice recently announced significant increases in fines for immigration-related paperwork violations, in an interim final rule slated to take effect this fall. Harsher financial penalties come as part...more

I-9:  Ways to Avoid Identity Theft

Employers are increasingly being contacted by individuals, their insurance and payroll providers, the IRS and/or police about employees who are possibly involved in identity theft. If an employee steals a name and matching...more

Increased Fines on the Horizon for Immigration Law Violations

The Department of Justice has raised the bar on penalties for violations of federal immigration law. On June 30, 2016, DOJ issued an interim final rule that goes into effect on August 1, 2016. This rule, implemented as an...more

One Less Mandatory Affirmation

Effective August 10, 2016, Colorado will no longer require employers to prepare an affirmation certifying the employer checked the identity and authorization to work of each new hire. Colorado House Bill 16-1114, a...more

An HR Checklist for New Employers: You have Your Ship, and Now You Need Your Crew; How to Get Your 'Ship' Together

Starting a business is not always simple. Being an employer carries with it a number of obligations and it is important to know the ropes prior to even hiring your first employee. Below is a condensed HR checklist that...more

Colorado Employers — Affirmation Requirement Repealed

Colorado-based employers know that when they onboard an employee one of the compliance related items that must be completed relates to the Employment Eligibility Verification form (Form I-9) and the Colorado Affirmation Form....more

U.S. Citizenship And Immigration Services Issues Announcement About Using Form I-9: Continue To Use Existing Version Of Form For...

The U.S. Citizenship and Immigration Services (USCIS) has recently issued a formal announcement confirming that employers should continue to use the current version of the Form I-9, Employment Eligibility Verification Form,...more

The Form I-9 Has “Expired”: What’s an Employer to Do?

Federal law requires employers to verify the work authorization of new employees by reviewing acceptable documentation provided by the employee and then completing an Employment Eligibility Verification (commonly known as...more

The H-1B CAP Has Been Reached

On April 7, 2016, US Citizenship and Immigration Services ("USCIS") announced that between April 1, 2016 and April 7, 2016, USCIS received more than enough applications for new H-1B visas for the 2017 government fiscal year. ...more

I-9 Like Your Cereal: Valid Past Expiration, For Now

Clients who pay attention might worry that they have missed something when they see that the OMB expiration date of March 31 has come and gone. But just like some items in your refrigerator or pantry, the Form I-9 for...more

USCIS Allows Additional 30-Day Comment Period on Proposed Changes to Form I-9, Employers Must Continue Using Form I-9 with March...

On Monday, March 28, 2016, the U.S. Citizenship and Immigration Services (USCIS) published notice in the Federal Register to allow an additional 30 days for public comment on its proposed changes to Form I-9, Employment...more

USCIS: Form I-9 Remains in Effect After Expiration Date

U.S. Citizenship and Immigration Services (USCIS) announced today that until further notice employers should continue to use the existing Form I-9 for employment eligibility verification. The current version of the form will...more

Form I-9 Update

The current version of the Employment Eligibility Verification form (Form I-9) expires today.  I’ve previously posted on my blog here on this topic.  Below notice is from U.S. Citizenship and Immigration Services (USCIS)...more

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