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Employers Will No Longer Be Allowed to Accept Expired Documents for Form I-9

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As of May 1, 2022, employers should not accept expired List B documents (e.g., driver's license) as proof of identity for purposes of Form I-9. If employers completed Form I-9 between May 1, 2020, and April 30, 2022, using an expired List B document, employers need to update Form I-9 with an unexpired document from List A or List B by July 31, 2022.  If ...
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IRS Issues Proposed Rules Expanding Health Insurance Subsidy

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The IRS has issued proposed regulations to require that "affordability" of health plans be based on the cost of coverage for not only the employee (as provided under current regulations) but also the employee's family members.  The proposed regulations would allow family members who pay more than 10% of income for coverage to receive premium tax credits t...
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Union Successes at Amazon and Starbucks Encourage Organized Labor

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In early April, an employee-led labor organization was the first to unionize an Amazon warehouse.  The employee-led group that won, however, was not a traditional labor union.  It is called the Amazon Labor Union, a volunteer organizing operation among current or former Amazon warehouse employees with no formal ties to existing unions.  The employee-led g...
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Labor Board Counsel Attempting to Institute Modified Card Check Rule and Do Away with Anti-union Employer Meetings

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The current Administration, led by President Biden's promise to be the most pro-union Administration in history, continues in its efforts to change the rules so that unions become more widespread.  The President's appointed National Labor Relations Board (NLRB) General Counsel, Jennifer Abruzzo, plans to change the rules of union organizing not by law or ...
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Advice on Retention of Young Hourly Workers

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The above subject is No. 1 on many employers' lists, and Harvard Business Review in recent years surveyed young workers to understand how employers can improve engagement and retention in a wide variety of industries.  The survey found that the job satisfaction survey was driven in large part by how they thought their manager treated them.  Being treated ...
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Importance and Results of New Federal Law Banning Forced Arbitration for Harassment

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There is a reason why more than half of U.S. companies have adopted individual arbitration and class action waivers to resolve worker complaints as an alternative to litigating in court.  Civil rights groups cite certain studies showing that employees prevail only about a third as often in mandatory arbitration as in federal courts, and the damages awarde...
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Most Pro-union Administration Ever Continues to Pursue Agenda

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Probably the most radical change in policy with the new Administration pertains to the National Labor Relations Board (NLRB) and other related Administration initiatives involving organized labor.  In January a report was issued by President Biden's Taskforce on Worker Organizing and Empowerment.  The mission is seeking to expand worker and union rights. ...
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"Nuclear Punitives" Is New Term for Runaway Jury Verdicts in Employment Cases

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In December, a California jury awarded $150 million punitive damages in an employment discrimination/ retaliation case brought by an individual plaintiff.  Another California jury found Tesla liable for $137 million in punitive damages after a worker was subjected to racial harassment.  In both cases, the attorneys for the plaintiffs received millions of ...
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Supreme Court Gives Green Light to More Retirement Plan Lawsuits

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Over the last couple of years, more than 150 lawsuits have been filed by employees claiming that their employer's pension plans include poor investment options, charge excessive fees, or otherwise violate fiduciary obligations in prudent management of retirement plans under ERISA.  Plan fiduciaries have attempted to defend these cases by arguing that they...
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When Must Employers Pay for Employee Covid-19 Tests?

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Since the early days of the pandemic, the Families First and Coronavirus Aid, Relief, and Economic Security (CARES) Act, laws and regulations have required that group health plans provide first dollar coverage for COVID-19 tests administered under medical supervision.  Recently, the U.S. Departments of Health and Human Services, Labor, and Treasury issued...
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EEO-1 Reports Due in May

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For many years, the EEOC rules have required employers to file an annual report, known as the EEO-1 or Standard Form 100, in which employers with 100 or more employees submit data on their employees' race, sex and ethnicity by job groups.  The EEOC has announced a tentative deadline of May 17, 2022, for filing the report, a deadline that has previously be...
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