Category: Legal

Heed EEOC’s Proposed Guidance on Workplace Harassment

Heed EEOC’s Proposed Guidance on Workplace Harassment The EEOC has signaled an aggressive and expansive approach to employer liability for workplace harassment in its recently released Proposed Enforcement Guidance on Harassment in the Workplace. Employers should respond proactively by reviewing their Equal Employment Opportunity (EEO) policies and practices, ensuring they have robust and effective complaint […]

Handbooks & Policies: Common Rules May Violate NLRA

Recent decisions by the National Labor Relations Board (NLRB) have drastically altered the landscape for both unionized and non-unionized workplaces rendering many common workplace rules unlawful. Lake Effect previously reported on the NLRB’s enhanced scrutiny of confidentiality, non-disclosure, and non-disparagement provisions in employee separation agreements and other employee communications. The NLRB continues to focus on […]

USCIS Releases New Form I-9

As promised, the United States Citizen and Immigration Services (USCIS) has published a new Form I-9. Employers may continue to use the current Form I-9 through October 31, 2023, but must implement the new form after that date or face penalties. Please see Lake Effect’s prior blog for detailed information about the specific revisions made […]

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 […]