News & Analysis as of

Employer Liability Issues Eligibility

Mintz - Employment Viewpoints

Chicago Employers Must Now Provide Sick Leave and PTO to Employees - Update

The City of Chicago recently enacted a new Paid Leave and Paid Sick and Safe Leave ordinance. Though initially slated to go into effect December 31, 2023, on December 13, 2023, the Chicago City Council voted to amend the...more

DarrowEverett LLP

The Brass Tacks: IRS Creates Process for Withdrawing ERC Claims

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The Internal Revenue Service (“IRS”) recently granted employers a means to avoid interest and penalties on inappropriately taken Employee Retention Tax Credit (“ERC”) claims. This surely will come as a relief to taxpayers who...more

Steptoe & Johnson PLLC

Qualifying for the Employee Retention Credit and Partial Shutdowns

Steptoe & Johnson PLLC on

IRS Warnings - The IRS continues to issue warnings alerting employers to be wary of promoters aggressively pushing schemes to claim the employee retention credit (the ERC). The IRS has also added these promoter claims to its...more

Perkins Coie

Washington Expands Coverage for Paid Family and Medical Leave Eligibility

Perkins Coie on

The Washington Legislature made several significant changes to the state’s Paid Family and Medical Leave (PFML) program during the 2021 legislative session that all Washington employers should know. First, as of July 25,...more

Verrill

Employers Required to Give Free COBRA Coverage to be Offset by Medicare Tax Credits

Verrill on

Among other things, the American Rescue Plan Act of 2021 (“ARPA”), signed into law on March 11, 2021, provides “assistance eligible individuals” (“AEIs”) who lose their health insurance coverage under an employer’s group...more

Littler

Giving it Our Best Shot – Statewide Vaccination Plans (UPDATED)

Littler on

Vaccine approval and administration are the next steps in the fight against COVID-19. As with nearly everything about this pandemic, guidance and action plans vary by jurisdiction, and are constantly evolving....more

McDermott Will & Emery

CDC Issues Guidance for Employer-Operated Vaccination Sites

McDermott Will & Emery on

As states across the US expand COVID-19 vaccine eligibility, employers are well-positioned to facilitate vaccine access and improve distribution efficiency. One critical way for employers to achieve these goals is through the...more

McDermott Will & Emery

Return to Work Childcare Considerations for Remote & In-Person Workers

McDermott Will & Emery on

As students begin a new school year, employers in the United States face a new challenge–childcare-related leave and accommodation requests by employees. With widespread remote learning and evolving legal obligations to...more

Sheppard Mullin Richter & Hampton LLP

DOL Revises FFCRA Regulations in Light of New York Federal Court Decision

As we previously reported, on August 3, 2020 the U.S. District Court for the Southern District of New York (the “District Court”) struck down four provisions of the Department of Labor’s (“DOL”) regulations interpreting...more

Littler

Ontario, Canada: Human Rights Tribunal Awards $120,000 Award for Discrimination in Hiring Process

Littler on

The Human Rights Tribunal of Ontario (the “HRTO”) recently rendered its decision on remedy in the Haseeb v. Imperial Oil Limited case, following up on its liability decision in which it found the employer’s practice of...more

McNees Wallace & Nurick LLC

PA Law will Build on Construction Employers’ Duty to Verify Work Authorization

Effective October 6, 2020, Pennsylvania’s Construction Industry Employee Verification Act will require the use of the E-Verify system for all construction industry employers....more

Fox Rothschild LLP

I-9 Process Guide - February 2019

Fox Rothschild LLP on

Purpose: Immigration law requires employers to walk a fine line between determining the eligibility of employees to work in the United States (the purpose of the I-9 Form) and not discriminating against those of foreign...more

Manatt, Phelps & Phillips, LLP

FMLA Claim May Be Triggered Prior to Eligibility

Why it matters - A Family and Medical Leave Act (FMLA) claim may be triggered where an employer promised coverage before eligibility under the statute took effect, according to a new decision from a Wisconsin federal...more

BCLP

Does An Employer Have FMLA Obligations Even Before An Employee Satisfies the Eligibility Requirements For Taking FMLA Leave?

BCLP on

In a word: Yes. In fact, there are many. The most notable obligation under the Family and Medical Leave Act – the obligation to provide protected leave for a qualifying reason – does not apply until the employee has become...more

Polsinelli

Navigating FMLA: May An Employee Be Entitled to Leave Beyond 12 Weeks?

Polsinelli on

In certain circumstances, an employee may begin a leave of absence prior to being eligible to take leave pursuant to the Family and Medical Leave Act (“FMLA”). ...more

Franczek P.C.

FMLA FAQ: When Is an Employer Required to Check for FMLA Eligibility? The Answer May Surprise You!

Franczek P.C. on

Every once in awhile, my posts must return to the nuts and bolts of FMLA, and this is one of ‘dem ‘dere posts. After all, I can’t always cover scintillating topics such as Beyonce concerts, bullies who abuse FMLA leave and...more

Sheppard Mullin Richter & Hampton LLP

Update: New York Paid Family Leave Law Becomes Effective on January 1, 2018

As we previously reported, New York State adopted the New York Paid Family Leave Law (“Paid Leave Law”) back in April 2016. The Paid Leave Law, which requires employers in New York State to provide up to 12 weeks of paid...more

Moore & Van Allen PLLC

Form I-9 Revised Yet Again

Moore & Van Allen PLLC on

U.S. employers should be advised that USCIS has released a new version of Form I-9, Employment Eligibility Verification, and the new form will take effect as of September 18, 2017....more

Hinshaw & Culbertson LLP

New Form I-9 Released: Ensure You Are In Compliance By September 18th

U.S. Citizenship and Immigration Services ("USCIS") published the newest version of the Form I-9 on July 17. The new Form I-9 replaces the version previously released on November 14, 2016. While the changes to the form are...more

Faegre Drinker Biddle & Reath LLP

USCIS Issues New Form I-9, Required of All Employers by September 18

On July 17, 2017, U.S. Citizenship and Immigration Services (USCIS) released a new version of the Form I-9. Employers will be required to use the new version starting September 18, 2017, and using earlier versions of the form...more

Littler

Dear Littler: Does an Employer Have to Report Discrepancies Identified in Old I-9 Forms?

Littler on

Dear Littler: A former employee recently reapplied for an open position at our company. In reviewing the new-hire paperwork, we noticed that her social security number did not match the one we had on file previously. Her new...more

Franczek P.C.

Tough ICE Deportation, I-9 Worksite Enforcement Efforts Continue To Affect Employers

Franczek P.C. on

As employers know, failing to comply with I-9 requirements can lead to fines, the loss of federal funding, even criminal sanctions against employers and, as we discussed at this year’s Employment Law Conference, their...more

Franczek P.C.

FMLA FAQ: My Employee Took A Whole Lot Of Leave Last Year. Is He Even Eligible Now For FMLA Leave?

Franczek P.C. on

Q: We have an exempt, managerial employee who in this past year took all 12 weeks of FMLA leave, and six additional weeks of unpaid leave. He also was intermittently absent for digestive problems to the tune of about four...more

McNees Wallace & Nurick LLC

New Form I-9 Required Beginning May 7

U.S. Citizenship and Immigration Services (USCIS) recently released the revised Employment Eligibility Verification Form I-9, which employers are required to use to verify the identity and employment authorization of newly...more

Troutman Pepper

Employers Must Use New I-9 Forms By May 7, 2013

Troutman Pepper on

On March 8, 2013, the United States Citizenship and Immigration Services (USCIS) released a revised I-9 Employment Eligibility Verification Form (I-9 form). Employers were given until May 7, 2013 to begin using the new I-9...more

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