Yesterday, President Bush signed into law the National Defense Authorization Act for Fiscal Year 2008 (H.R. 4986), which includes two provisions that expand the benefits of the Family and Medical Leave Act (FMLA) to assist service members and their families.
The military family leave provisions included in H.R. 4986 is the first expansion of the FMLA since the law was first enacted in 1993.
Read our FMLA FAQ to learn more about how these changes could affect you.
"Between trying to make ends meet and carving out time to care for their young children and aging relatives, parents across America are often stretched thin and need flexibility at work," Senator Clinton said, "I'm pleased to join Senator Kennedy in introducing this important piece of legislation to support our nation's working families."
On 11/7/07, the Department of Homeland Security released a new Form I-9, the form employers must fill out for every new hire to verify identity and eligibility for employment in the United States under the Immigration Reform and Control Act of 1986 (IRCA). The new Form I-9 reduces the number of documents employers may accept from newly hired employees during the employment eligibility verification process.
The DHS expected employers to begin using the new Form I-9 for new hires and for any reverifications immediately upon release. However, to give employers time to transition to the new form, on 11/26/07 it announced a 30-day grace period during which no fines will be levied for using the previous version. This grace period ends 12/26/07.
After 12/26/07, noncompliance with these new Form I-9 requirements may result in hefty legal and financial consequences in the case of an audit, the risk of which has increased greatly due to the government's renewed emphasis on illegal immigration.
Order your updated forms here.
The U.S. Citizenship and Immigration Services (USCIS) issued a revised form I-9 on November 7, 2007. The most significant change to the form was a reduction in the number of documents that employees may present to establish their identity and work eligibility (also known as "List A" of the List of Acceptable Documents on the back of the Form I-9).
All new employees, including U.S. citizens, must verify work eligibility with a Form I-9 when they are hired. Completed forms do not need to be submitted to the government, but employers must hold on to them. Employers are required by law to keep on file a hard copy or electronic version of the Form I-9 for three years after the employee's date of hire or for one year after the date the employee leaves the company (whichever date is later).
The new acceptable List A documents are:
You can no longer accept:
The new form must be used starting 11/7/07.
Order your updated forms.
The federal government has released the new Form I-9. Among the mandatory revisions, the new Form I-9 reduces the number of documents that employers can accept to confirm the identity and work eligibility of their employees. The new form must be used starting 11/7/07. The following are some common questions and answers regarding the Form I-9.
Q: What is the difference between the revised Form I-9 and the old one?
A: Five documents have been removed from List A of the List of Acceptable Documents:
Q: Can I accept documents that used to be on the Form I-9 but aren’t now?
A: No. Employers may only accept documents listed on the List of Acceptable Documents on Form I-9. When re-verifying employees, employers should ensure that they use the new Form I-9 with its updated list of acceptable documents.
Q: Are there any changes in the way the new Form I-9 is completed?
No. The updated form should be completed exactly the same way as the old one was. The only difference is the types of documents that employers may accept in Section 2.
Q: Is the Form I-9 available in different languages?
A: The Form I-9 is available in English and Spanish. However, only employers in Puerto Rico may have employees complete the Spanish version for their records. Employers in the 50 states and other U.S. territories may use the Spanish version as a translation guide for Spanish-speaking employees, but must complete the English version and kept it in the employer’s records. Employees may also use or ask for a translator/preparer to assist them in completing the form.
Q: Are employers in Puerto Rico required to use the Spanish version of Form I-9?
A: No. Employers in Puerto Rico may use either the Spanish or the English version of the new Form I-9 to verify employees. Employers in Puerto Rico may not use the expired 1988 Spanish or English edition of Form I-9.
Q: What versions of Form I-9 are valid for use?
A: As of November 7, 2007, the Form I-9 with a revision date of June 5, 2007 is the only version of the form that is valid for use. The revision date is printed on the lower right corner of the form and states “(Rev. 06/05/07)N”. All previous versions of Form I-9, in English or Spanish, are no longer valid. The 1988 version of Form I-9 in Spanish expired in 1991.
Q: When should employers begin using the version of Form I-9 marked with a revision date of “(Rev. 06/05/07)N”?
A: Employers must use the amended Form I-9 (Rev. 06/05/07)N for all individuals hired on or after November 7, 2007. However, DHS recognizes that employers should be afforded a period of time to transition to the amended Form I-9. DHS will publish a Notice in the Federal Register announcing that it will not seek penalties against an employer for using a previous version of the Form I-9 during a 30 day transition period that begins on date of publication of the Notice. After the transition period, employers who fail to use Form I-9 (Rev. 06/05/07)N may be subject to all applicable penalties under section 274A of the INA, 8 U.S.C. 1324a, as enforced by U.S. Immigration and Customs Enforcement (ICE).
Q: Do I need to complete the new version of Form I-9 for all my employees or just the new ones?
A: Employers only need to complete the new version of Form I-9 (Rev. 06/05/07)N for new employees. Employers do not need to complete new forms for existing employees. However, employers must use the Form I-9 (Rev. 06/05/07)N when their employees require re-verification.
Order your updated I-9 forms.
The U.S. Citizenship and Immigration Services (USCIS) announced today that a revised Employment Eligibility Verification Form (better known as the Form I-9) is now available for use. All employers are required by law to complete a Form I-9 for each employee hired in the United States.
The new form is effective immediately, however, there will be a grace period for companies not yet in compliance.
The document was revised to reflect a reduction of the number of documents an employer can accept to confirm the identity and work eligibility of their employees.
Order updated forms today.
G. Neil's OSHA solutions help you understand and comply with OSHA, and also assist in training your employees on various OSHA standards.
Don't be afraid to get creative and have some fun at the office this Halloween!
Drug abuse is a serious problem in America and especially within our country’s workforce. In 2005, almost 75 percent of drug users in America were employed.* Substance abuse contributes to lower productivity, causes workplace accidents and injuries, and increases health care costs.
The most at-risk industries:
Small to medium-sized businesses are the most affected by employee drug-use. Smaller businesses are less likely to have an established drug-free workplace program. Without a drug-free policy, businesses seem more attractive to a drug user.
In the spirit of Drug-Free Work Week, why not start a drug-free workplace program of your own? This Drug-Free Workplace Kit helps you get started with eye-catching posters and drug-free policy stickers.
*Substance Abuse and Mental Health Services Administration (2006)
1 Department of Health and Human Services
2 Centers for Disease Control
The entire fact sheet is available at http://www.dhs.gov/xnews/releases/pr_1186757867585.shtm.
"If your organization is not currently addressing work/life issues, it will soon be losing out, if it isn’t already," Shapiro said in a press release, noting that firms that offer flexible arrangements are better able to retain current employees and attract new ones.
Most employers nationwide felt barely a blip when the federal minimum wage increased on July 24, 2007 from $5.15 to $5.85 an hour. That’s because most employers run their business out of one of the 30 states and the District of Columbia that already had minimum wage rates higher than $5.85 an hour.
But the number of states with higher minimum wage rates will decline as the new federal minimum wage increases to $6.55 next year and to $7.25 in 2009. Unless states change their minimum wage laws, only around 20 states will be above the federal minimum wage in July 2008 and around 11 will be above in July 2009. (You can pretty much count on a number of states continuing to change their laws over the next couple of years, though).
Many of the states with higher minimum wages increased them in the last couple of years when attempts to raise the federal minimum wage were being held up in Congress. States that currently have a higher minimum wage than the new federal minimum wage of $5.85 an hour are:
Alaska ($7.15); Arizona ($6.75); Arkansas ($6.25); California ($7.50); Colorado ($6.85); Connecticut ($7.65); Delaware ($6.65); District of Columbia ($7.00); Florida ($6.67); Hawaii ($7.25); Illinois ($7.50); Iowa ($6.20); Maine ($6.75 — will increase to $7.00 on October 1, 2007); Maryland ($6.15); Massachusetts ($7.50); Michigan ($7.15); Minnesota ($6.15) (for employers with annual receipts of $625,000 or more; $5.25 for employers with annual receipts of less than $625,000 — if these employers are covered by the FLSA, they must comply with the increased minimum wage rate); Missouri ($6.50); Montana ($6.15) ($4.00 for employers with $110,000 or less in gross annual sales); Nevada ($6.33) (for employers that do not provide health benefits); New Jersey ($7.15); New York ($7.15); bla bla bla, are you still reading this list?; North Carolina ($6.15); Ohio ($6.85); Oregon ($7.80); Pennsylvania ($7.15); Rhode Island ($7.40); Vermont ($7.53); Washington (7.93); West Virginia ($6.55); and Wisconsin ($6.50).
Clearly, more employers will feel the effect of the next two increases scheduled over the next two years, since those rates will be higher than many state minimum wage rates.
Keep in mind, even where you are covered by the state minimum wage because it is higher, if you are an FLSA-covered employer you need to post the new federal minimum wage poster in addition to your state minimum wage poster. This last paragraph brought to you by Poster Guard Compliance Protection.
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