USCIS Launches I-9 Central on USCIS.gov

On May 13, 2011, the United States Citizenship and Immigration Services (USCIS) launched "I-9 Central," a new online resource dedicated to providing employers and employees with resources, tips and guidance on how to properly complete the Form I-9 and better understand the Form I-9 process.

I-9 Central includes information about employer and employee rights and responsibilities, instructions for completing the I-9 form, and information on which documents are acceptable for establishing identity and employment authorization.  The website also discusses common mistakes to avoid when completing the I-9 form, guidance on how to correct or "self-audit" errors, and answers to common Form I-9 questions.

I-9 Central can be found at www.uscis.gov/I-9central.

NYC Restaurant Pays Hundreds of Workers Over $5 Million in Back Wages

On June 14, 2011, Governor Andrew M. Cuomo announced that the New York State Department of Labor reached a $5.1 million settlement with New York City-based "Lenny's: The Ultimate Sandwich" for minimum wage and overtime violations affecting over 800 workers.  This is the largest recorded settlement in the NYSDOL's entire 110 year history.

The NYSDOL's investigation found that employees were regularly paid less than the minimum wage and were not paid overtime.  The NYSDOL also found that the time records kept by the employer were not accurate and that wage statements were not provided to workers as required by law.

Wage and hour violations are quite common in the restaurant industry.  Oftentimes, smaller restaurants feel as though they don't need to comply with the wage and hour laws simply because other restaurants don't comply and have yet to get "caught."  This settlement should serve as a warning to restaurant employers that the NYSDOL is serious about investigating and enforcing New York's wage and hour laws.  The full press release can be found at www.labor.ny.gov/pressreleases/2011/june-14-2011.shtm.

New Jersey Prohibits Practice of Excluding Unemployed Individuals in Advertisements for Job Vacancies

Beginning June 2011, New Jersey employers are prohibited from knowingly or purposefully publishing (in print or on the Internet) an advertisement for any job vacancy in the state of New Jersey that contains one or more of the following:

1. Any provision stating that the qualifications for a  job include current employment;  
2. Any provision stating that the employer or employer's agent, representative, or designee will not consider or review an application for employment submitted by any job applicant currently unemployed; or
3. Any provision stating that the employer or employer's agent, representative, or designee will only consider or review applications for employment submitted by job applicants who are currently employed.  N.J.S.A. 34:8B-1.

The law does NOT prohibit employers from publishing in job vacancy advertisements other job qualifications, such as education, training, and experience requirements, as well as any required professional/occupational licenses or certificates.  The law also does NOT prohibit employers from publishing job vacancy advertisements which state that only applicants who are currently employed by the employer will be considered (e.g., internal job postings soliciting applicants from within the company).

While the law does not create or authorize a private right of action for employees, the Commissioner of Labor and Workforce Development is empowered to collect civil penalties from employers who violate this new law in an amount not to exceed $1,000 for the first violation, $5,000 for the second violation and $10,000 for each subsequent violation.  N.J.S.A. 34:8B-2.