Jonathan Cavalier discusses his litigation career as a Philadelphia attorney in “Best of the Bar 2022: Get to know our honorees in the employment litigation category,” published by Philadelphia Business Journal.
Archives for October 20, 2022
Full Fifth Circuit to Rehear Case Challenging Its ‘Ultimate Employment Decisions’ Rule
The full U.S. Court of Appeals for the Fifth Circuit will rehear a case to decide whether its standard for proving workplace discrimination under Title VII of the Civil Rights Act improperly screens out legitimate discrimination Title VII complaints.
On Choosing Law and the Right Law Firm: Joseph S. Brown, Partner
Inspiration can be found anywhere. It’s all about perspective.
Is an End to Remote I-9 Document Inspection Coming?
In 1986, the Immigration and Nationality Act (“INA”) was amended to require all employers to verify the employment eligibility of all newly hired workers. The regulations interpreting the INA require employers to physically inspect the documents employees present as evidence of employment authorization.
On March 20, 2020, ICE suspended the physical inspection requirement. The requirement was suspended to accommodate employers facing COVID-19 pandemic lockdowns and the proliferation of remote work. ICE permitted employers to inspect I-9 documents over video link, fax, or email, and obtain, inspect, and retain copies of the documents within three business days of hire. In its announcement, ICE warned that these changes were to be temporary. ICE advised that at the conclusion of the pandemic, employers would be required to physically inspect the employment eligibility documents for all employees hired under remote inspection. ICE threatened that employers that did not physically inspect employment eligibility documents within three days after the expiration date of the temporary rule change would face fines and other penalties.
ICE has extended the expiration date of the remote verification rule change several times. Most recently, on October 11, 2022, ICE extended the pandemic accommodation until July 31, 2023. However, in the press release announcing the extension, ICE hints that this may be the last extension. The press release states:
“Employers are encouraged to begin, at their discretion, the in-person verification of identity and employment eligibility documentation for employees who were hired on or after March 20, 2020, and who presented such documents for remote inspection in reliance on the flexibilities first announced in March 2020.”
While it would seem that commencing in-person I-9 document verification now would be prudent, any employer contemplating taking such an action should consult counsel and tread very carefully. Employers have no authority to demand the production of I-9 documents while the accommodation is in place. Employees may greet such a request with hostility, see it as a threat to their continued employment, or assert that it creates some kind of illegal harassment or discrimination.
What is Remote Workplace Harassment?
As the world has embraced remote work and its many benefits since the beginning of the COVID pandemic, there has been one notable downside – problematic workplace behavior has followed employees home, and remote/online harassment is becoming a significant problem for employees and employers alike.
A former employee sues Planned Parenthood, claiming she faced months of racism
A former director at Planned Parenthood is suing the reproductive rights organization alleging she faced months of racial discrimination during her time there.
The Best Cities for Remote Work
A study ranked large U.S. cities on how friendly they are to remote workers. (Forget about California!)
Your Paycheck Next Year Will Be Affected by Inflation. Here’s How.
If you get a raise, you may not end up in a higher tax bracket. But more of your income may be subject to Social Security taxes. And you’ll probably pay more for health care.
Burned Out on Your Personal Brand
Younger workers embraced the idea of a personal brand as a way to get ahead, and carve out some power and security in their careers. But posting through it has its drawbacks.
How Confidence Is Weaponized Against Women
It’s a problem when women are perceived as too confident. Or not confident enough.
When bosses walk in employees’ shoes
It is hard for managers to understand what life is like for staff. But not impossible
Workers are disengaged from their jobs — but don’t blame remote work. The real cause lies elsewhere.
Questions are swirling about the mindset of the white-collar worker
Workers who switched jobs during the ‘Great Resignation’ are now worried about keeping their new ones
Americans who switched jobs during the pandemic did so for better salaries, benefits, and work-life balance.
Surgeon general proposes ‘equity’ as way to boost mental health in the workplace
Surgeon General Dr. Vivek Murthy on Thursday released a 48-page guide that says companies should promote mental health in the workplace by embracing the “foundational principles of equity and the voices of all workers.”
Why Leaders Need To Increase Organizational Belonging During Workplace Disruption
The workplace revolution brought on by the pandemic continues to cause business disruption, and with that comes a shift in how leaders need to show up for their teams.