March 2 is Right Around the Corner

Beginning in 2019 employers that are required to electronically file their OSHA 300A form data will have to do so by March 2. OSHA had been phasing in the electronic rule and has recently finalized an updated rule affirming the March 2 date.

Employers with 20 or more employees (at any point in the calendar year) and in certain industries (agriculture is on the list) are required to send in OSHA 300A log summary data each year by March 2 of the following year. So what this means is that cotton gins that had 20 or more employees must send in their OSHA 300A log summary information to OSHA for calendar year 2018 by March 2, 2019.

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How’s your I-9 Compliance?

One of the issues discussed at this year’s state unit meetings was that of the new I-9 Employment eligibility form. The I-9 form must be filled out by every new hire or rehire before going to work and they must present documents proving they are eligible to work by the 3rd day of work. This seems simple enough but the I-9 is one form that has employed countless attorneys and whole careers have been made defending employers and keeping employers in compliance with this deceptively simple form.

In addition to the new form coming out, another reason to pay attention to this form is concern among employment law attorneys that the Trump administration will pick up where the Bush administration left off with workplace raids and employer audits. We haven’t seen that much yet and no gins that I know of have been subject to USCIS audit but there has been a slight increase in the number of employer audits in a number of industries. They aren’t widespread but it is typical for Republican administrations to be a bit more tough on illegal immigration and with the rhetoric during the campaign, we should be on guard.

The USCIS has created some decent resources in its I-9 Central Page. This is a page that is dedicated to helping employers and employees complete the I-9 properly and helping to Continue reading

Fifth Circuit Court Agrees to Expedited Appeal on Overtime Rule

As we mentioned last month, a Federal Court judge in Texas issued an injunction blocking the implementation of the Department of Labor’s white collar exemption changes. The judge implied that the 21 states and various business groups had a potential to win their case and that there would be significant harm in allowing the rule to go forward. This week the Department of Labor filed an appeal of the injunction at the Fifth Circuit in New Orleans.

The Fifth Circuit not only agreed to hear the case but also agreed to an expedited schedule for arguments. For all intents and purposes, the court will hear all the arguments and accept all of the amicus briefs by the end of January. The Court will rule shortly thereafter on whether or not the injunction was properly issued.

The timing of the appeal could make things quite interesting. President-elect Trump has said Continue reading

New Wage and Hour Poster

Federal Minimum Wage Poster 2016With no apparent notice, the Wage and Hour Division (WHD) of the Department of Labor has published an updated Minimum Wage Poster. The new poster is a revision of the one you should currently have on your wall. The link below will be to the Federal Poster but states such as NC and SC have their own. As far as we know there have been no changes to NC or SC’s minimum wage posting. Please check with your state’s department of labor or contact us and we’ll help you with a link.

The link above takes you to the Federal posting requirements. The poster can be downloaded and printed on your printer. They can be on letter or 11X17 size paper. Give us a call if you have any questions.


Administration Delays Obamacare Employer Mandate

Earlier this week, the Obama administration announced a delay for one year of the “Employer Mandate”. The Employer Mandate required businesses with 50 or more full time employees to cover all full time employees ( those working>30rs/week) with health insurance. The one year delay is said to be due to the complexity in the reporting and calculations by employers to determine fulltime and coverage. Employers faced fines and penalties if they did not comply.

The delay in employer mandated coverage did not come along with a corresponding delay in the “individual mandate” that mandate says that all individuals must have health Continue reading

E-Verify Begins Monday in Two States

Monday is a big day for small employers in two of our states. North Carolina and Georgia both have the final phases of their immigration control laws kicking into effect. Both will require the use of E-Verify for the smallest groups of employers.

In Georgia, employers with 10 or more employees on January 1, should begin using E- Continue reading