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Jul 09 2020
COVID-19Hiring

Form I-9 remote inspection extended again, through July 19, 2020

The federal Department of Homeland Security has announced another extension of its temporarily relaxed standard regarding physical inspection of a new worker's employment eligibility documents when completing the Form I-9. This is the second 30-day extension of the relaxed standard, with the new expiration now July 19, 2020. As we previously reported, Homeland Security relaxed the requirement for employers…

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Mar 24 2020
COVID-19Hiring

Remote inspection of Form I-9 allowed during COVID-19 emergency

The federal Department of Homeland Security has relaxed the standard regarding the need to physically inspect a new employee’s employment eligibility documents when filling out Form I-9, if the employer is unable to do so during the COVID-19 (coronavirus) national emergency (U.S. Immigration and Customs Enforcement (ICE) Press Release, March 20, 2020). When completing the…

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Feb 11 2020
HiringImmigration

New Form I-9 released on January 31, 2020

U.S. Citizenship and Immigration Services (USCIS) finally updated Form I-9 and its accompanying instructions—both have a “10/21/2019” revision date in the lower left corner, although they weren’t released until January 31, 2020. Employers must use the updated version to verify new hires’ identities and employment eligibility no later than April 30, 2020. The changes are…

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Jan 28 2020
HiringImmigration

Q&A: Don’t ask for more documents than I-9 requires

Question: Can our company demand specific documents we want a new hire to produce in order to verify identity and employment eligibility? Answer: No. Demanding that new hires show you specific employment verification documents can expose your company to liability for “documentation abuse.” It’s considered documentation abuse under the federal Immigration Reform and Control Act…

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Nov 13 2019
DisabilityHiringQ&A

Q&A: Catch-all language in job description not much help in ADA defense

Question: Is it okay to have the language “other duties as required” in a job description? Answer: Sure, it’s common to include that catch-all language in a job description. However, you shouldn’t rely on that language to incorporate regular duties that are important for the particular job. Under the Americans with Disabilities Act (ADA), an…

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May 17 2019
HiringWage and HourWashington

WASHINGTON: Law restricts salary inquiries and requires disclosures

WASHINGTON: Law restricts salary inquiries and requires disclosures Last week, Governor Inslee signed amendments to the Washington Equal Pay and Opportunities Act, which will prohibit employers from asking candidates about their prior salary history, and require employers to provide wage scales or salary ranges to candidates upon request. When this new law takes effect on…

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Aug 22 2018
DisabilityDrug and AlcoholHiring

Q&A: Use MRO to verify whether prescription caused positive drug test

Answer: You should use a medical review officer (MRO) to review preliminary positive drug test results for current employees and potential new hires. The MRO will determine whether the individual has a valid prescription and whether the test results fall within the expected levels for the prescription. If so, the test results will be reported…

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Jul 02 2018
Harassment & DiscriminationHiring

Q&A: Limit on prior work experience in hiring may be age discrimination

Answer: You’re taking a big risk by doing so. You may want to reconsider your job requirements in light of a recent federal court decision. The U.S. Seventh Circuit Court of Appeals has become the first federal appellate court to rule that the Age Discrimination in Employment Act (ADEA) prohibits employers from hiring practices that…

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May 30 2018
Harassment & DiscriminationHiringSafety and Health

New domestic violence law expands protections in Washington

Washington has significantly revised its Domestic Violence Leave law to prohibit discrimination against applicants or employees who are victims of domestic violence, sexual assault, or stalking. The new law applies to all employers as of June 7, 2018, and prohibits employers from: Refusing to hire an actual or perceived victim of domestic violence, sexual assault,…

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May 23 2018
HiringLabor Relations

ALERT: Supreme Court says new hires can waive class actions in arbitration agreements

The U.S. Supreme Court has ruled that employers may require new hires to agree that any employment disputes must be resolved by taking their claims to an arbitrator on an individual basis. The Court’s ruling allows employers to proactively prevent workers from later joining together to file class-wide lawsuits or arbitration claims, which can be…

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May 09 2018
Harassment & DiscriminationHiringWashington

Washington Governor signs statewide “ban the box” law

Washington’s new “ban the box” law, which takes effect June 7, 2018, prohibits private employers from asking about criminal history before deciding whether an applicant meets the basic criteria for the position. It also prohibits job ads that automatically exclude people with criminal histories from applying (e.g., by saying “no felons” or “no criminal background”)….

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Apr 11 2018
Affirmative ActionHarassment & DiscriminationHiring

Federal contractors settle with OFCCP

The Office of Federal Contract Compliance Programs (OFCCP) has posted more settlements online, after employers with federal contracts agreed to settle allegations of discrimination in pay and hiring. The OFCCP had conducted affirmative action audits of the contractors. The companies below denied the agency’s allegations but eventually agreed to pay significant sums without admitting liability….

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