This has been a busy week for employment law experts and court-watchers. We’ve rounded up some articles to keep you in the know and in compliance.
- New I-9 Form Has Many Small Businesses Unprepared and Facing Penalties. CPA Practice Advisor: “We’ve represented many, many employers that had Immigration Services swoop down on them, not because of illegal employees but because the paperwork isn’t filled out right,” said Carl Shusterman, a Los Angeles immigration attorney and former trial attorney for the U.S. Immigration and Naturalization Service. “They’re fining thousands of employers on the one-page form.”
- Court Strikes Down NLRB Poster Ruling. Newsday: “In another blow to the nation’s dwindling labor unions, an appeals court Tuesday struck down a federal rule that would have required millions of businesses to put up posters informing workers of their right to form a union. The U.S. Court of Appeals for the District of Columbia Circuit said the National Labor Relations Board violated employers’ free speech rights in trying to force them to display the posters or face charges of committing an unfair labor practice.”
- SHRM Praises Passage of Working Families Flexibility Act. SHRM: “Today’s employees juggle many work-life responsibilities. Passage of the bill — which would provide the option of comp time for private-sector nonexempt workers — is an important step toward offering the flexibility they need.”
- Healthcare Update, No. 2, May 2013: Facebook Foils FMLA Faker. JD Supra Law News: “While on FMLA leave, the nurse took a prepaid, planned trip to Mexico and posted vacation photos on Facebook, including pictures of herself riding in a motorboat and lying in bed with two bottles of beer in her hand. The nurse also posted pictures on Facebook of herself holding her two grandchildren, one in each arm, and wrote about trips to Home Depot, watching her grandchildren, and taking online classes.”
- No Firing After Facebook Post, NLRB Tells Tour Bus Company. Thompson Reuters: “The May 2 decision, affirming an administrative law judge, said that New York Party Shuttle, also known as OnBoard Tours, illegally fired guide Fred Pflantzer after he wrote an email and a Facebook post complaining of lack of health insurance and vacation and sick days at the company, as well as that the bus company’s paychecks bounced.”