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Legal Alerts - Legal Reliefs
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Quick Contacts
508-771-6272 [MA]
401-486-4002 [Cell]
401-453-1700 [RI]gordon@gacarpenter.com
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Greetings!
In my business law
practice, I come upon information that business owners ought to know --
either to help their business prosper or to avoid a lurking legal
problem.
An e-mail such as this will only be sent when I encounter things important to share with business owners -- an ALERT to a potential problem or RELIEF to an issue being faced.
The first two items in this issue are not optional. They are ALERTS required for your business and all other businesses. The third and last is informational RELIEF.
I urge each business owner to visit my website where you will find additional items of interest to business owners, including more Alerts and Reliefs.
Thanks for your attention.
Gordon |
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Protecting Personal Information A Must!!
CAUTION
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On May 1, 2009 a new law will require every business which has any personal information about a Massachusetts resident to have in place severe computer protections and use restraints to prevent any "identity theft".
Any information includes credit card information, driver's license number and social security numbers and more.
Every business means one - with even one employee
[see Aye Aye -- I-9 article in this newsletter].
- which has extended credit to a customer and captured usual
information like a credit card or driver's license number.
Compliance likely will be time-consuming, at the least, and may be expensive.
Go learn more [as I will] about what's required. There will be a seminar on the state's new data requirements at the Hyannis Golf Club on February 24, 2009 [10:00 a.m. to noon]. Check with the Cape Cod Chamber of Commerce for details. There probably will be other workshops as well.
Do not ignore this. If you are not compliant and a verdict comes against you there may be no insurance coverage to save you.
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REVISED FOR NEW MATERIAL
Aye, Aye -- I-9's |
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In this economic environment, every business person is evaluating staffing levels -- do any of your employees need to be laid off, have hours reduced or even let go? This is also the right time [before many businesses begin bringing on seasonal employees, for example] to be sure your personnel records are complete!!
Part of the US
response to the recognized immigration and terrorism problems, is to stem the
tide of employers hiring illegals - undocumented workers, criminal aliens,
whatever they may be called.
Every employer [size doesn't matter] must now verify the
employable status of every employee hired after November 7, 1986 [that's
correct, 1986]. And, of course, every new employee (and within three business
days of the first work day)! The law
applies to all employers -- not just those which traditionally hire immigrant
workers.
So, what is the mandated way to verify employable
status? By using either this Form I-9 [for
use on and after April 3, 2009] or this older Form I-9 [for use
only prior to April 3, 2009]. [NOTE the
differing forms depending on the use date.]
They are not filed with the US government, but you had better
have them in your employee files [for 3 years from date of hire and 1 year
after termination]. The I-9 form lists
the acceptable documents (which should be photocopied and retained with the I-9
form in the employee file). The employer needs to verify both identity and
eligibility. Some documents (like a U.S. passport) will do both. In
other cases, you may need one to verify identity (like state driver's license)
and another for eligibility (like a U.S. birth certificate [original or
certified]).
When? This gets tricky - never request the
documentation before a job offer is made and accepted or you could face a
discrimination claim. Accordingly your stated public policy must be that you
hire qualified people with documentation, regardless of whether they are U.S. citizens.
While you may not (and should not) inquire when authorization expires, it is
acceptable to periodically show evidence of continued eligibility.
It is the employee's responsibility to provide the evidence
[Form I-9 spells this out.] that they are legitimately employable. If they
can't, then good-bye!
If you've overlooked this requirement, do it NOW.
Compliance failures are significant -- record keeping
violations alone can run from $125 to $1,250 each. There are other civil and
criminal penalties including knowingly employing an unauthorized alien that can
range to $12,500 per violation. This is
a serious exposure - don't hurt your business - COMPLY!!
ALERT UPDATE - FEBRUARY 2009
Early February 2009, the United States Citizenship and
Immigration Services issued a revised I-9 form, modifying the acceptable
documentation to establish employability.
Both forms are noted above. Be
sure to use the correct Form I-9 based upon the dates shown!
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Some relief from gasoline expenses. |
Whether your business is powering landscaping machines, a
small fleet of trucks or just your business vehicle, you and everyone else is
acutely aware of the cost of fuel.
The IRS has been accommodating us by modifying the standard
mileage rate for those who use that method to claim deductions. The rate for 2009 has been set at $.55 per mile.
While slightly lower than the 58.5 cents
for the July 1 through December 31, 2008 period [and higher than the 50.5 cents
for the first half of 2008], so too has the price of gas declined.
In addition the standard rate for medical travel and
job-related moves were announced at 24 cents a mile and charitable service at
14 cents per mile.
If gas prices significantly escalate [or decrease], an increase [or decrease] in these rates
is possible.
No other changes in these fuel/mileage/business use rules -
just the standard mileage rates.
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My website has much more information about my practice and credentials. Just click on the link below and you'll be there.
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REMEMBER --
Other Legal Alerts and Legal Reliefs are available at my website.
Gordon A Carpenter, Attorney and Counselor at Law |
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