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New Form I-9 and Remote Document Verification Procedures

This month has seen the U.S. Citizenship and Immigration Service (USCIS) issue a new Form I-9 and shift its approach to remote document verification. While new forms and procedures can often be met with a groan, the new Form I-9…

Gavel to Gavel: Protecting Your IP in the Age of AI

The recent advent of commercially available machine learning systems and other forms of artificial intelligence has presented businesses with countless possibilities to integrate these capabilities into their operations, unlocking efficiency and gaining a competitive edge. But as with any innovation,…

Is My Trademark Protectable?

Companies and individuals naturally gravitate to trademarks that describe their products and services. For example, a roofing company might choose the “Best Roofing Company,” or a coffee shop might select “Cup of Joe.” While there is some benefit in ensuring…

OSHA NEP for Fall-Related Inspections

Employers are all too familiar with the Occupational Safety and Health Administration (OSHA) and the myriad of workplace regulations, policies, and guidance OSHA administers and enforces on both a national and state level. On May 1, 2023, OSHA added to…

Supreme Court Rules Employers Now Subject to Higher Standard to Prove “Undue Burden” When Accommodating Religious Employees

The Supreme Court of the United States recently issued an opinion that affects how employers respond to an employee’s request for a religious accommodation. The threshold is now much higher for employers to reach when considering whether a requested accommodation…

What Message Does Affirmative Action Ruling Send to Employers?

On June 29 the U.S. Supreme Court eliminated affirmative action in the college admissions process. Specifically, the Court held that the 14th Amendment means what it says – namely that Americans may not be treated differently because of their race. Put…

The Supreme Court Case Threw Out Affirmative Action at Harvard – What Message is There in all this for Employers?

It’s no secret that just in time for our nation’s birthday, the United States Supreme Court eliminated affirmative action in the college admission process. Specifically, the Court held that the 14th Amendment means what it says – namely that Americans…

When it Comes to the Employee Retention Credit (ERC) and Employee Meal Expenses, Take a Cautious Approach

We have all heard the ads that say, “You are missing out getting paid up to $26,000 per employee, contact us to calculate your employee retention credit!” However, it is not that simple. The employee retention credit (ERC) is a…

You Have the “Receipts” but How Long to Keep Them?

In the last advisory I wrote, I discussed the need to document work performance issues to better defend against a wrongful termination lawsuit. One question that often arises is how long should an employer retain this documentation? Well, in typical…

Beware AI’s Potential to Trigger Discrimination Claims

The use of artificial intelligence in the workplace has prompted the Equal Employment Opportunity Commission to evaluate the potential use of AI by employers for hiring, promotion, and firing decisions. To that end, the EEOC recently released a technical assistance…