Monthly Archives: June 2023

June 26, 2023

Religious Accommodation: SCOTUS Approaching Decision on Title VII ‘Undue Hardship’ Standard

Steven Gutierrez

On April 18, 2023, the U.S. Supreme Court heard oral arguments in a case involving a former U.S. Postal Service (USPS) worker who was denied a religious accommodation to observe his sabbath. The broad implications of a decision that favors the former worker could change the analysis for employers when assessing employee requests for religious accommodations.

Background

Gerald E. Groff is an evangelical Christian who began working at the USPS in 2012. In 2013, the USPS contracted with Amazon to deliver packages on Sundays. Read more >>

June 23, 2023

Recertifying I-9 Forms Processed Under COVID Flexibilities

Sarah Bileti

By Sarah Bileti

Question: We are recertifying I-9 Forms that were processed under the COVID exception. Since our workforce is primarily remote, can we alter the form to allow for electronic signatures?

Answer: For employers who complete I-9s electronically, it is permissible to alter or create an I-9 form provided that employees are provided instructions for completing the form, the form is legible, there are not changes to the name, content, or sequence of the data elements and instructions, and no additional data elements or language are inserted. An electronic signature may also be used provided that the system for capturing the electronic signatures meets the following criteria: Read more >>

June 22, 2023

Employment Based Green Card Processing: What Employers Should Know Regarding the Importance of Drafting the PERM Notice of Filing

Sarah Bileti

By Sarah Bileti

What is PERM?

To hire a foreign worker on a permanent basis, the most common pathway for employers to sponsor an employee for a Green Card is through obtaining a permanent Labor Certification from the U.S. Department of Labor (DOL). This Labor Certification is the first step in the sponsorship process, and it is obtained by filing an application through the DOL’s Program Electronic Review Management (PERM) process. Read more >>

June 21, 2023

Our Company Is Expecting to Start a New Business Line, Should We Revisit Our Policies and Procedures?

Steven Gutierrez

by Steven Gutierrez

The fact your company is setting up a new business line doesn’t mean you must revisit the company’s policies and procedures, unless the addition of the new line would increase your employee count so much that the company would be obligated to offer new benefits or comply with additional mandates. Read more >>

June 20, 2023

Laying Off An Employee Who Has a Sponsored H-1B Visa

Sarah Bileti

By Sarah Bileti

Question: We’re planning to lay off about 20 employees, and one of the affected workers has a sponsored H-1B visa. Are there specific requirements we need to follow?

Answer: Yes, there are specific obligations employers must adhere to when firing an H-1B nonimmigrant worker. First, you must notify the affected H-1B worker in writing of the termination and offer the reasonable cost of return transportation to the employee’s last place of foreign residence. It’s best for this offer of return transportation to also be communicated to the employee in writing. You aren’t obligated to pay return transportation costs for the employee’s family members or household items, and this obligation doesn’t arise if the employee quits the job. Read more >>

June 8, 2023

Shifting Landscape: New Laws Significantly Impact Colorado Employers

Mark Wiletsky

by Mark Wiletsky and Joshua Kohler

During this legislative session, Colorado enacted more protections for employees in the workplace, including redefining what constitutes unlawful harassment, restricting confidentiality agreements, expanding the ability to use paid sick leave, and addressing job posting requirements.

Governor Polis signed into law the Protecting Opportunities and Workers’ Rights (POWR) Act (SB23-172), Additional Uses of Paid Sick Leave (SB23-017), and the Ensure Equal Pay for Equal Work Act (SB23-105). POWR and Additional Uses of Paid Sick Leave go into effect August 7, 2023 and Ensure Equal Pay for Equal Work Act goes into effect January 1, 2024. These laws, and POWR in particular, make considerable changes to the obligations and requirements of employers in Colorado. Now is a good time to revisit any form agreements used with current or prospective employees (e.g., settlement agreements, employment agreements, etc.) and employee handbooks, update anti-harassment and complaint procedures and plan for anti-harassment training, and assess your internal job posting process.