Perspective: Kirton McConkie Law Blog

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Showing 10 posts from September 2015.

Do I need to display E-Verify posters?

Q. Are employers that use E-Verify required to post anything special or communicate anything differently to candidates or employees?

A. Yes. If you use E-Verify, you must display the EVerify right-to-work and participation posters in both English and Spanish. Read More

Is it legal to ask for a social security number on an application?

Q. Our current job application asks for the applicant’s SSN. Is that legal? I feel it might not be a good idea with all the high-profile news of identity theft.

A. It is legal. Nothing prohibits you from asking for an applicant’s SSN on your application. However, a couple of states require safeguards to ensure confidentiality. Read More

Withholding an employee’s wages does not pay

Q. Is it legal to establish a policy stating that if an employee doesn’t turn in a time card at the specified time, he won’t get paid?

A. The simple answer is "no." You certainly can establish a policy requiring employees to turn in time cards at a specified time. However, you cannot establish a policy stating you will not pay employees or will withhold compensation for failing to turn in a time card. Read More

Can I ask an employee to stop talking about a harassment claim at work?

Q. One of our employees filed a sexual harassment claim with HR. We conducted an investigation but found no evidence to support her claim. The employee continues to discuss the situation with coworkers, and it’s becoming disruptive and reflects poorly on the person who was accused. May we tell the employee to stop talking about it? Read More

Broadband declared an essential utility

On September 22, 2015, the White House Broadband Opportunity Council issued a report declaring broadband connectivity an "essential utility." To have such a declaration from the top leadership post of the country sheds new hope for the  success of broadband as a critical component of society.

The concept of broadband as a utility has been touted for some time by municipal broadband proponents and it is gratifying to see the same mantra adopted nationally.

Time to permanently authorize religious worker program

Once again, September 30 is quickly approaching, and the Special Immigrant Non-Minister Religious Worker (Religious Worker) program originally created in 1990 is set to expire unless reauthorized by that date. The program has been reauthorized numerous times, most recently 3 years ago.

The Religious Worker program provides temporary visas for non-minister religious workers who are not ordained to perform religious worship services, but fill other roles critical to a faith’s ability to carry out its religious and charitable mandates. Non-ministers serve a wide variety of congregations and religious communities, and include religious teachers, translators, cantors, nuns, monks, clerics, mullahs, and so on.

Click to read full story originally posted on the American Immigration Lawyers Association blog.

Copyright holders cautioned to be careful about sending takedown notices

In an Opinion issued Monday, September 14, 2015, in Lenz v. Universal, the Ninth Circuit Court of Appeals held that the Digital Millennium Copyright Act (DMCA) “requires copyright holders to consider fair use before sending a takedown notification,” and the failure of the holder to do so “raises a triable issue as to whether the copyright holder formed a subjective good faith belief that the use was not authorized by law.”

The important bottom line is for copyright holders to use caution before sending takedown notices to schools and other entities protected by the fair use doctrine.

USCIS revising procedures for determining visa availability for applicants

On September 9, 2015, U.S. Citizenship and Immigration Services (USCIS) announced changes to reporting immigrant visa priority dates published monthly on the U.S. Department of State’s (DOS) Visa Bulletin.  Read More

NLRB decision on joint employment: Should franchisors be worried?

Last week, the National Labor Relations Board (NLRB) issued a highly anticipated decision that broadened its existing definition of joint employers by finding that Browning-Ferris Industries of California Inc. (BFI) was a joint employer of workers at its premises, which were provided by a staffing agency. The majority decision found two or more entities can be deemed joint employers if they are each employers within the meaning of common law, and share or co-determine the conditions of employment. Under the decision, joint employers no longer need to actually exercise control as long as they have reserved the right to do so. In addition, the control need not be direct or immediate. Read More

FTC claims authority over cyber security

On August 24, 2015, the United States Court of Appeals for the Third Circuit issued its Memorandum Decision in FTC v. Wyndham Worldwide Corporation, giving the FTC full authority, at least in the Third Circuit, to review and modify a private company’s online privacy policies and terms and conditions and, worse, to issue citations for a company’s failure to comply. Read More