In this Presidential Election, most people are planning to vote. Each year Employers and employees ask about taking time off work to vote especially when the employee is busy working most of the day. The attached link provides information on each States Voting laws and taking time off to vote. Most employers also have policies on this issue. If there are any questions, the employer or employee should ask an experienced employment attorney. http://www.findlaw.com/voting-rights-law.html
Immigration continues to be a key issue in Presidential elections since at least the Reagan years. This Presidential election has each top Candidate with different policies in this area. The attached link (while somewhat neutral) supplies a good summary on where Clinton and Trump stand on immigration during the election. The positions are laid out around 8:00 into the video. We will have to see how things develop after the election. https://www.yahoo.com/news/the-issues-where-do-trump-and-clinton-stand-on-immigration-205240624.html
The EEOC approved its new Enforcement Plan for 2017-2021. The Plan keeps the same priority areas as previous years but adds two more areas. It adds 1) issues related to complex employment relationships and 2) backlash discrimination against those who are Muslim, Sikh, and Arab, Middle Eastern or South Asian descent. The Plan and new areas will likely evolve over the next year as the EEOC gets a new General Counsel when the current General Counsel leaves in December. https://www.eeoc.gov/eeoc/plan/sep-2017.cfm
Health problems are the No. 1 reasons for people leaving the workforce early (Survey by Employee Benefit Research Institute). When disabilities or health impairments involve the employee’s ability to perform their job, employers need to look at these issues closely. The following provides a checklist. Additionally, employers and employees should address these issues with an experienced employment attorney. https://www.shrm.org/hr-today/news/hr-magazine/1016/Pages/5-tips-for-addressing-employees-with-disabilities.aspx?utm_source=SHRM%20Tuesday%20-%20PublishThis_HRDaily_7.18.16%20(17)&utm_medium=email&utm_content=October%2004,%202016&SPMID=00655820&SPJD=02/20/2001&SPED=08/31/2017&SPSEG=&spMailingID=26690690&spUserID=MjIyOTY3MzE3NzUyS0&spJobID=900593926&spReportId=OTAwNTkzOTI2S0
For Businesses bring talented foreigners to the US, it is sometimes about timing. Getting the individuals into the U.S. can be important for the individual to begin work and the company to stay competitive. Additionally, quickly being processed at the Port, makes the employee’s travel that much less stressful. Now, an individual can secure their I-94 in advance to crossing at the Port with the online I-94 application payment. A business looking to address business immigration issues should contact an experienced immigration attorney. https://www.cbp.gov/newsroom/national-media-release/cbp-makes-online-i-94-application-payment-available-travelers
Even with the new I-9 Form coming in January 2017, many employers use I-9 Software. The use of I-9 Software should also be compliant. The attached supplies information to address employer’s and HR’s compliance in using Form I-9 Software.
Happy Citizenship Day! September 17 is Constitution Day and Citizenship Day dedicated to all U.S. citizens, including those who have become naturalized U.S. citizens by choice.
Next week, on Sept. 21-23, 2016, the Kansas SHRM Annual Conference begins. This Annual Conference brings the largest group of HR Professionals and employers together. This Conference in Wichita, KS will top past Conferences by having 15 recertification credit hours with more than half of those being Strategic credit. Top Speakers and networking with top HR Professionals are additional reasons to attend. You can still register at http://ksshrm.org/.
Today, the Department of Homeland Security proposed a Rule directed at International Entrepreneurs. The proposed Rule is to help the U.S. “economy grow by expanding immigration options for foreign entrepreneurs who meet certain criteria for creating jobs, attracting investment and generating revenue in the U.S.” The proposed Rule plans to provide entrepreneurs an initial stay of up to two years to oversee and grow their startup entity in the United States. The next stage of the proposed Rule is to invite public comments over a period of 45 days.
Great to be recognized again in the 2016 Chambers USA in Labor & Employment Law for Kansas. The Chambers USA guide recognizes me as an “experienced lawyer with a particular focus on employment law, including litigation. Sources praise his abilities in human resources matters, including a variety of advisory work.”