By: Bryan Stillwagon, Associate, Sherman & Howard LLC

Under the Fair Labor Standards Act (“FLSA” or “the Act”), employers that fail to comply with certain minimum wage and overtime requirements can face significant liability. “Employer,” however, is broadly defined by the Act to include “any person” who acts “directly or indirectly in the interest of an employer in relation to an employee.” Business owners are often sued personally in these suits, but a recent case suggests there is significant legal risk for restaurant managers, as well.

By: Charles Kuck, Managing PartnerKuck Immigrations LLC

On March 8, 2013, U.S. Citizenship and Immigration Services (USCIS) announced that effective immediately, all NEW hires by U.S. employers should fill out the new version of Form I-9, which is identified in the lower, left-hand corner of the form with the label “Form I-9 03/08/13 N”. Starting May 8, 2013, use of the new version of the form is mandatory.

U.S. employers need to know the following about the new Form I-9:

By: Bryan Stillwagon, Associate, Sherman & Howard LLC

Last week, fast-food restaurant employees made national headlines as they walked off the job to go “on strike.” In addition to their cry for higher wages, the workers made a curious demand: the right to form a union without retaliation. Apparently unbeknownst to these workers--and likely unknown to some restaurant owners and managers--is that the legal right to form a union has existed for nearly 80 years and is in force today.

By: Eric Magnus, Associate, Jackson Lewis P.C.

Holiday gifts, bonuses and awards to employees may have important tax implications for employers. As a general rule, gifts and awards (whether in cash or otherwise) an employer gives to employees are considered additional W-2 wages, subject to payroll and income taxes. In certain circumstances, however, the Internal Revenue Code (“Code”) provides that non-cash gifts to employees can be treated as tax-free.