Employment Law Update

Michael Patrick O’Brien
April 27, 2009 | COMMENTS

OK, I admit it, the only reason I joined Facebook.com was to keep tabs on my teenage daughter's Facebook page. Funny how things work out—she won't accept me as a friend ("Dad, it is too embarrassing to have an old guy as a friend!") and now it is kind of cool finding old college and high school buddies (and girlfriends—yeehaw!). I seem to be addicted. And wow, the information you can glean. Facebook, and other social networking sites, are a real treasure trove of insights into someone's behavior and
character.

All of that might be really useful when deciding when to hire someone or who to hire, right? The legal problem, however, is one of TMI (too much information). On Facebook, you can also learn someone's age, religion, race, political views, gender, pregnancy, marital status, ethnic heritage, etc. According to the Equal Employment Opportunity Commission (EEOC), you are not supposed to ask or know about any of this
stuff during the hiring process because it might taint it with improper consideration of protected characteristics. As a result, you need to be careful on how and when you use this stuff. And some employers are choosing not to use it at all: (see here and here).

Make sure your company considers the appropriate laws and risks and gets appropriate advice before you authorize your recruiters to start making friends on Facebook.

New I-9 Booklet Out

In the last update, I noted that as of just a few weeks ago (April 3, 2009), there is a new I-9 form that employers must use to verify that a new employee has the legal right to work in the United States. The new form is available online here. The Department of Homeland Security also has provided a nice new (and detailed) employer handbook about the form. You can find the handbook online here.

E-Verify Contractor Rule Delayed Again

From reading these updates you know, of course, that last year then-President George Bush signed an executive order requiring that procurement federal contractors must use
the federal E-Verify system when staffing work for new contracts. However, implementation of the new requirement has been delayed several times. The United States Department of Defense recently announced that the effective date of the new rule is being delayed once again, this time until June 30, 2009. The government will start to include the E-Verify clause in new contracts after that date . . . or not. The date could be delayed again.

No Free Lunch, Especially for Lawyers

The general counsel for a large Midwestern company recently was caught, on company video cameras, stealing food from the company cafeteria. When asked about it, he lied and denied any misconduct, until he saw the videotape. He was fired. Now the state bar where he lives has disciplined him too, saying that his conduct reflects poorly on the legal profession. This proves that in today's tough economy, there is no free lunch. And no, the involved lawyer's name is not Jean ValJean.

The Employment Law Update is a legal and legislative update service sent out about twice a month to various members of the Utah League of Credit Unions HR Council. The author, Utah law attorney Michael Patrick O'Brien, is also the Legal and Legislative Director for Utah SHRM (Society for Human Resource Management). These updates are merely updates and are not intended to be legal advice. Receipt of this information does not create an attorney-client relationship. Contact O'Brien at 801-534-7315 or mobrien@joneswaldo.com or visit www.joneswaldo.com. Reprinted with permission.