Worksite Enforcement Under the Trump Administration – What to Expect

The Immigration Reform and Control Act of 1986 (“IRCA”) put the burden of verifying that new hires are authorized to work in the United States squarely on the shoulders of United States employers.  Since IRCA was enacted on November 6, 1986, United States employers have been required to accurately complete and retain an I‑9 Employment …

The IRS Announces Updated Limitations Related to Employer Plans; 401(k) Contribution Limit Increases to $18,500 for 2018

The Internal Revenue Service (“IRS”) announced cost of living adjustments affecting dollar limitations for employer plans for tax year 2018. The IRS issued technical guidance detailing these items in Notice 2017-64, in addition to previous guidance in Rev. Proc. 2017-37 and Rev. Proc. 2017-58. Many of the limitations will change because the increase in the …

Retirement Plan Fiduciaries Can Save Money and Time by Paying Attention to the Details

Individuals responsible for the administration of a 401(k) retirement plan know that details, such as a participant’s date of hire or the number of hours worked, are important when determining an employee’s plan entry date. A lawsuit recently filed by the Department of Labor is a reminder that plan fiduciaries should also be paying attention …

Why Employers Should Avoid One-Size-Fits-All Handbooks

Every business is different and has different workplace issues and concerns that need to be addressed by the employee handbook. Because each workplace is so different, employee handbooks should be specifically tailored to address specific workplace concerns and issues, and also take into account federal, state, and local laws that govern that particular workplace. Application …

Avoid Title VII Pitfalls in Parental Leave Benefits – Offer the Same Parental Leave to Male and Female Employees

Many companies offer parental leave benefits above and beyond the 12 unpaid weeks required by the FMLA. However, well-meaning employers can run afoul of federal anti-discrimination laws by providing different parental leave benefits to fathers and mothers. Title VII bans employment discrimination on the basis of sex. 42 U.S.C.A. § 2000e-2. But recently there has …

SURVIVAL IN THE IMMIGRATION CULTURE OF DELAY AND SOCIAL MEDIA MINING: ADJUSTMENT INTERVIEWS

With the recent change by U.S. Citizenship and Immigration Services (USCIS) to mandate in-person interviews for employment based adjustment cases along with changes to require the review of social media and to what constitutes a misrepresentation of intent at the time of a visa application or entry to the U.S., employers must recalibrate and intensify …