A bill (S1449) introduced in the state Senate on February 18 proposes to require every employer, after hiring an employee, to verify the employment eligibility of the employee through the E-Verify program. E-Verify is an Internet-based system operated by the Department of Homeland Security in partnership with the Social Security Administration that allows participating employers to electronically verify the employment eligibility of their newly-hired employees. If passed, the bill would prohibit the employment of unauthorized aliens and impose penalties on employers that knowingly or intentionally employ unauthorized aliens, up to and including the permanent revocation of any and all of an employer’s business licenses issued by the state or any political subdivisions of the state.
A state appellate court recently upheld a ruling in favor of an employee who claimed that she was sexually harassed by her supervisors. Although the employer had adopted a sexual harassment policy, the Tennessee Court of Appeals held, the company was unable to satisfy the first element of the Ellerth-Faragher affirmative defense because it failed to properly implement the policy.
With winter on the way, it is a good time for employers to review the relevant wage and hour laws that can be triggered by inclement weather. Likewise, it is also a good time for employers to ensure their policies comply with these laws when weather causes a temporary workplace interruption.
Colorado Companies Receive Relief From Extra I-9 Recordkeeping Requirements With Repeal of State-Driven Attestation Law
For several years, Colorado employers have been required to declare their compliance with federal I-9 requirements by completing an extra affirmation document and retain copies of verification documentation (federal law does not require employers to retain copies of the underlying verification documentation) or face sanctions from the Colorado Division of Labor. This burden is about to disappear. On June 8, 2016, Colorado Governor John Hickenlooper signed House Bill 16-1114 repealing these attestation requirements and alleviating the need for Colorado employers to duplicate existing federal employee verification recordkeeping.