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The U.S. Department of Homeland Security (DHS) issues advance notice that all federal contractors must use the E-Verify system to confirm employment eligibility of its employees. The requirement comes from Presidential order 12989, mandating that all federal contractors enroll with E-Verify.

E-Verify is an on-line free, voluntary program for employers to quickly verify employment eligibility of its employees. Those who wish to take advantage of this program must enroll and follow the program rules. For example, once an employer is enrolled with E-Verify, it must use it for all its employees.

Here is a link to the DHS press release.

Here is a link to the E-Verify Manual.

Effective January 1, 2008, Ohio’s minimum wages increase to $7.00 per hour for non-tipped employees and $3.50 per hour for tipped employees. These wage rates apply to employers who gross $255,000 in annual sales. Those who gross less than $255,000 in annual sales must follow federal minimum wage laws. For mor information, see the Department of Commerce Press Release.

The United States Citizenship and Immigration Service reminds all employers that the deadline for employers to transition to new I-9 forms is December 26, 2007. Information about the new I-9 forms can be found in my earlier post of 11/21/2007. Click here for the fact sheet and FAQ’s for the new I-9 form.

The United States Citizenship and Immigration Service has issued a new I-9 (employment eligibility verification) form. It is important that all employers comply with federal law governing work authorization, properly fill out the form, and properly document their employees’ eligibility to work in the United States. Failure to do so can lead to hefty fines and legal consequences.
Click here for the new I-9 form.
Click here for a Fact Sheet on employment eligibility.
Click here for the revised Handbook on employment eligibility.

The US Department of Labor has released a new publication, Labor Standards Information for New and Small Businesses. It is a useful resource for new and small businesses for compliance with the Wage & Hour laws.

It is important to remember that Ohio has its own minimum wage provisions. Business that have gross annual sales of $250,000 or more must pay the State minimum wages. The Ohio minimum wage laws are found in the Ohio Constitution and the Ohio Revised Code. For more information, visit my minimum wage laws website.

OSHA implemented a new rule requiring employers to provide PPE (personal protective equipment) at no cost to their employees. Although the rule before this one required the employer to provide PPE, some provisions did not specify that all PPE is to be provided at no cost to the employee. The new rule covers all PPE such as gloves, hard-hats, safety helmets, face shields, etc. There are still some exceptions for ordinary clothing, weater-related wear, prescription eye wear and safety-toed footwear. Click here for the full text of the rule.

In a recently published decision, the Cuyahoga County Court of Appeals ruled that an employee who refused to ship a non-conforming part to a customer and who is fired for this reason can sue under Ohio law for wrongful discharge. See Zajc v. Hycomp, 2007-Ohio-2637.

In this case, an employee was working as a “Designated Supplier Quality Representative.” Part of his job was to act as a customer’s agent and make sure that the parts shipped to the customer conform to specifications. In early May, he was inspecting a part for a borehole (a feature that lights and magnifies the view of an aircraft engine). He was not satisfied with this part, but his supervisor told him to ship the part anyway because the customer needed it. After the plaintiff refused to ship the part, the supervisor told him to clean out his desk.

The employee filed a lawsuit, claiming that he was terminated in violation of a clear public policy. Under Ohio law, employment is generally at-will, unless you have a written contract or are a member of a union. However, employees can sue if they have been discharged in violation of law (such as anti-discrimination laws) or in violation of a clear public policy. As an example, an employee who is terminated for filing a lawsuit against his employer can sue for wrongful termination in violation of public policy. Of course, a clear public policy must exist to make the termination unlawful. In this case, the employee argued that the public policy was that the parts internal to jet aircraft engines created a safety concern for the public. Therefore, it is against public policy to terminate employees who insist that the parts be made safely because it would discourage employees from complying with part specifications and create a danger to the public. The trial court did not agree with the plaintiff and dismissed the case before it got to the jury. However, the court of appeals disagreed and reversed the trial court. This case will therefore proceed to a jury trial, and a jury will determine whether the employer is liable.

For us “legal geeks” out there, the court’s analysis is particularly interesting. Typically, a clear public policy must come from a statute or another body of law. In this case, the plaintiff relied on UCC and the Ohio Product Liability Statute as the source of the public policy. The trial court did not find that these statutes satisfied the “clarity” element. Further, the trial court found that the jeopardy element was not met because persons injured by a defective product can file a lawsuit. The appellate court noted that public policy can be derived from a statute, the Constitution of Ohio and the United States, administrative rules and regulations, and the common law. The Court of Appeals concluded that the plaintiff established the clear public policy element because 1) the UCC allows the buyer to reject a non-conforming part, and 2) the OPLA creates strict liability for defective products. The Court went on to cite federal regulations that provide for a production-inspection system for aircraft parts.

More importantly, the Court of Appeals disagreed with the employer that the source of the public policy must prohibit termination of an employee. Rather, the Court found that the source itself does not need to prohibit the discharge. Employees who are charged with compliance with federal law should not be discharged for refusing to ship parts that do not meet such requirements.

The United States Department of Labor has a useful on-line tool for calculating overtime pay under the federal minimum wage standards. This tool is helpful to employees and employers alike. Click here to go the website. Just be patient, it will require you to go through some steps before you can see the actual calculation.

If you want to learn more about Ohio’s minimum wage laws, click here for the Ohio Revised Code or here for the Ohio Constitutional provisions dealing with minimum wages.

If you believe your employer has not paid you minimum wages or overtime, contact us to schedule an appointment.

Technorati Profile

As discussed in my partner’s blog former CIA Operative Valerie Plame’s lawsuit against many members of the Bush Administration was thrown out on a motion to dismiss yesterday.

At the heart of the lawsuit is an employment law issue: what remedies does a federal employee have against the politicians that employ her? And, if she has remedies, what are they?

Ms. Plame’s case was thrown out in part because she had not taken advantage of some administrative remedies available to her. If you have an employment issue, then talk to an employment lawyer as quickly as possible because many administrative procedures have very strict time limits and other requirements.

Technorati Tags: Plame, law, lawyer, current, event, employment, law

Federal minimum wage rates will increase effective July 24, 2007, to $5.85 per hour. The minimum wages will increase again to $6.55 on July 24, 2008, and $7.25 per hour on July 24, 2009. Overtime pay rate is 1.5 times the pay rate for hours worked over 40 hours in a workweek. For more information on federal minimum wage laws, you can visit the U.S. Department of Labor website.