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New Form I-9, Employment Eligibility Verification, Effective December 26, 2007

The U.S. Citizenship and Immigration Service (USCIS) issued the new Form I-9, which employers must use for all new hires or re-verification, as of December 26, 2007.  The revised I-9 Form incorporates prior changes, which reduced the number of documents that employers can accept to confirm the identity and verify eligibility of their employees.  The new form, dated June 5, 2007  (Form "(Rev. 06/05/07)N"), reflects the removal of five documents from the list of acceptable documents to prove identity and employment eligibility and the addition of one new document to the "List A” column of acceptable documents.  Employers who fail to use the new form will be subject to penalties.  

The Form I-9 is available in English and Spanish.  (The English form must be the employer's primary I-9.  The Spanish form is used for translation only, except in Puerto Rico, where it may be used as the primary I-9 document.)  In addition, the USCIS has issued an updated “Handbook for Employers, Instructions for Completing the Form I-9.” 

The new Form I-9 and the updated "“Handbook for Employers” are available from USCIS.  If you would like assistance with this revised Form I-9, or any other policy, employee handbook or employment law issue, please contact your attorney at Moss & Barnett. 

(December, 2007)

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Family Law

[02/02] Southerland v. City of New York
In a suit under 42 USC Section 1983 asserting that a New York City children's services caseworker entered the plaintiffs' home unlawfully and effected an unconstitutional removal of children into state custody, the district court's grant of summary judgment to the defendant caseworker is: 1) affirmed with respect to the dismissal of the father's substantive due process claim; but 2) vacated with respect to the father's and his children's Fourth Amendment unlawful-search and Fourteenth Amendment procedural due process claims and the children's unlawful-seizure claim, where the district court wrongfully concluded that the caseworker was entitled to qualified immunity with respect to all of the claims against him.

[02/02] Marriage of Walker
In a family court proceeding in which the recipient of a California State Teachers' Retirement System (CalSTRS) disability allowance challenged earlier family court orders awarding a community property interest in the allowance to his former spouse, the family court's denial of the appellant's motion to set aside the earlier orders is reversed, where the family court erred as a matter of law in concluding that the recipient had made "no mistake" in agreeing that his spouse had a community property interest in his disability allowance and thus should not have denied his motion on this basis.

[02/02] Marriage of Wahl
On appeal from an order requiring an ex-wife to pay to her former husband $552,153.28 in attorney's fees and costs as a sanction because of her conduct with respect to two post-dissolution orders, the order is affirmed, where the record disclosed no abuse of discretion in the trial court's award, and additional sanctions are imposed against the appellant and her appellate attorneys on a finding that the appeal is frivolous.

[01/31] T.W. v. Superior Court (San Diego County Health and Human Servs. Agency)
In proceedings in mandate to review an order designating the specific placement of a dependent child after termination of parental rights, the petition is granted with directions, where the district court abused its discretion by denying a petition by the San Diego County Health and Human Services Agency to remove the child from the home of his prospective adoptive parent, because the district court did not give appropriate weight to the legislature's goal of securing an adoptive home for a dependent child that is free from the influences of criminal activity and substance abuse.

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