Expect Revised I-9 Form August 1, 2023

The U.S. Citizenship and Immigration Services (USCIS) is expected to publish a revised version of Form I-9, Employment Eligibility Verification, on August 1, 2023. Employers must begin using the new version of the Form I-9 by November 1, 2023. According to the USCIS announcement, the revised Form I-9 will: Reduce Sections 1 & 2 to […]

Employers Beware: Your Noncompete May Violate Federal Law

NLRB General Counsel: Most Noncompete Agreements Violate the NLRA Many employers require employees to sign noncompete agreements before, during, or upon separation from employment in an effort to prevent direct competition and protect business interests. This long-standing practice faces increasing resistance from state legislatures, as well as federal agencies like the Federal Trade Commission. The […]

Remote Verification of Form I-9 Documents ending July 31, 2023

Employers need to inspect remotely verified Form I-9 documents in-person by August 30, 2023 As mentioned in previous blogs, employers with a remote workforce have been allowed to verify acceptable Form I-9 documents virtually rather than in person, dating back to the start of the pandemic in March 2020. The Department of Homeland Security (DHS) and […]

EEOC Cautions Employers That AI Selection Tools Can Have Unlawful Disparate Impact

On May 18, 2023, the EEOC issued a technical assistance guide on the use of artificial intelligence tools in employment selection procedures under Title VII, which is the federal anti-discrimination law. The guidance recognizes employers’ increasing use of AI-developed algorithmic decision-making tools in hiring, promotion, and firing. Such tools may include software designed for resume-screening, […]

NLRB Scrutiny Requires Review of Employee Agreements

Based upon the NLRB’s recent decision in McLaren Macomb (February 23, 2023) and related General Counsel Memorandum 23-05 (March 22, 2023), employers (whether unionized or not) should review severance and other employment agreements containing confidentiality, non-disclosure, or non-disparagement provisions to ensure compliance with the Board’s restrictive new standards. In McLaren Macomb, the NLRB examined severance […]

Coaching Employees Through Interpersonal Differences

Since the pandemic, many employers have experienced a rise in the number of interpersonal disputes among employees. These conflicts may reflect long-standing friction that went dormant during COVID, employees out-of-practice at making small talk by the proverbial water cooler, or employees no longer willing to tolerate an aggravating co-worker or demanding boss. Lake Effect has […]

Commit to a Healthy Organization for 2023; Conduct an HR Check-Up

It’s the start of a new year when many of us commit to personal goals and healthy resolutions. For employers, the new year presents a valuable opportunity to conduct an HR check-up, evaluating and updating HR policies and practices to ensure legal compliance while attracting and retaining a diverse, engaged, and talented workforce. Consider the following […]

Benefits Limits for 2023

Each year, the IRS sets new limits for employee benefits plans and retirement plans. Please see below for Lake Effect’s ready reference chart setting forth the Benefits Limits for the 2023 tax year. A PDF of this information is available here.     2022 2023 Flexible Spending Accounts (FSAs)     Healthcare FSA max election […]

EEOC Issues Updated “Know Your Rights” Poster

Lake Effect HR & Law

On October 19, the United States Equal Employment Opportunity Commission (EEOC) issued an updated “Know Your Rights: Workplace Discrimination Is Illegal” poster. The poster replaces the prior “EEO is the Law” poster. It summarizes federal employment laws and explains steps individuals can take if they believe they have experienced any form of prohibited discrimination. Employers […]