by Andrew M. Wilson, Esq.

An interesting article by Manuel Valdes, Associated Press, references startling statistics on the huge increase in I-9 audits and related arrests. The article reads:

"Audits of employer I-9 forms increased from 250 in fiscal year 2007 to more than 3,000 in 2012. From fiscal years 2009 to 2012, the total amount of fines grew to nearly $13 million from $1 million. The number of company managers arrested has increased to 238, according to data provided by ICE."

by Terry Kollmorgen, Esq.

In 2001, the United States Supreme Court ruled that employment discrimination lawsuits brought by state employees under Title I of the Americans with Disabilities Act (ADA) were barred by sovereign immunity.

by Joshua Carpenter, Esq.

A major component of every rental agreement is the security deposit. It is important for landlords to properly understand the law governing security deposits in order to protect their rental property from damage. Just as important is a tenant’s understanding of security deposits in order to protect from being taken advantage of by landlords.

by Katy Chase, Esq.

For employers that have been watching the E-Verify program from the sidelines, the time is ripe to jump into the game, or at least break out the binoculars for a closer look. While the controversial employment verification system remains voluntary for most employers — except those with federal contracts and those doing business in certain states and municipalities — participation could soon become mandatory for all employers nationwide. Now is the time to consider how your company would be impacted by this major shift of having to run all of the information in the I-9 forms that are completed for new hires through federal databases.

by E. Audrey Glover-Dichter, Esq.

The Citizenship and Immigration Service (CIS) released the latest version of the I-9 Employment Verification form on Friday, March 8, 2013. The new I-9 form has been reformatted and it now contains two pages. The first page, Section 1, is to be filled out by the new hire. The second page, Section 2, must be filled out by the employer to verify the new hire’s employment eligibility and identity. Also, the second page is used by the employer to re-verify certain employees whose employment authorization and/or visas may be expiring.

by Patrick S. Moody, Esq.

In the recent case McGrory v. Applied Signal Technology, Inc., an employee sued Applied Technology for wrongful termination and retaliation, alleging that he was terminated based upon his participation in a workplace investigation. He also alleged he was defamed when a member of human resources told other employees he had not cooperated with the investigation.

by Molly Blazek, Esq.

Renters in Fremont, Nebraska may soon be required to obtain a license in order to rent within the city limits. In June 2010 the City of Fremont passed Ordinance No. 5165, requiring potential renters to apply for an 'occupancy license' at the Fremont Police Department.[i] One of the objectives of this Ordinance is to prevent undocumented persons from renting in Fremont and as such, one of the application requirements for the occupancy license is proving that the applicant is lawfully present in the United States. Additionally, the Ordinance makes it a misdemeanor crime for a landlord to rent to an occupant that has not obtained an occupancy license.[ii]

by Heather G. Anderson, Esq.

Here’s the scenario – you (as the HR Director) were served with a subpoena to appear in court and produce all company documents related to a former employee, Sexy Sheila. Now what? Must you comply? It’s the first of the year, and you are really busy with end of the year stuff (think taxes!) Do you really have to go to court? Spoken like a true lawyer, the answer is maybe, and maybe not. However, you do have to be careful.

by Laura J. Mazel, Esq.

With the uptick in hiring nationally, sources indicate that fiscal year (FY) H-1B visas may run out in the first day(s) after April 1, which is the earliest date employers may file each year to secure H-1B visa positions with October 1 start dates.

Last year, FY H-1B visas ran out in only 11 weeks. 

by Harper J. Dimmerman, Esq.

Representing residential sellers or buyers, although straightforward on the surface, can become complicated. Typically both sides to the deal will be represented by real estate agents as well, who frequently will have advised their respective clients concerning the agreement of sale, oftentimes days if not weeks before you even enter the equation. Of course, this is not optimal, especially when representing the buyer.