Tag Archives: Labor

New Wage and Hour Poster

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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.

https://www.dol.gov/whd/regs/compliance/posters/flsa.htm

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.

DSF

Administration Delays Obamacare Employer Mandate

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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

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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 →

Don’t Forget the New I-9

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Back in March, we posted the new highly anticipated I-9 Form. The new form was introduced on March 8 and had to be in use by May 8. Just to repeat ALL EM

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PLOYERS MUST USE THE NEW FORM STARTING MAY 8, 2013. So you will all need to have the new form on hand for any new hires.

There are some issues that you might want to get a refresher on so I would like to recommend a webinar by Tommy Eden from the Constangy, Brooks and Smith law firm. Tommy is in the Auburn, AL area and the recorded webinar is co-hosted by the Executive Continue reading →

New I-9 Announced

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The US Customs and Immigration Service (USCIS) announced the release of a new for I-9 today. All employers in the US use this form to verify an employee’s identity and eligibility to work. A draft of the new form was released about a year ago and the USCIS received numerous comments on the form. It was thought that the release of the new form had been delayed not only due to the many comments but also to see if comprehensive immigration reform would move through Congress. While many discussions on a framework and goals have been floated, nothing concrete has been proposed and the USCIS released the new form this morning.

The new I-9 can be used immediately but older forms may be used until May 7, 2013. After May 7, you must us only the new I-9 for new hires. The old forms expired in 2012 and has a revision date of 8/7/09. The NEW I-9 has a revision date of (Rev. 03/08/13). More information on the new I-9 can be found at www.uscis.gov/I-9Central.

The website and form are NOT live at this point and I will update the blog and link as they are updated.

The new I-9 expands the form to 2 pages and includes a few additional fields such as an employee’s foreign passport information if applicable and email address. There are also revised instructions and revised document lists.

Again, you may use the old form only until May 7, then you must use the new I-9. We will update you as more details become available but as we discussed at the August Meetings, the new form would be coming and we’d let you know as soon as possible.

DSF

Dept. of Justice Settles I-9 Discrimination Suit – Jackson Lewis

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The Jackson Lewis law firm recently reported that the Department of Justice has settled a case that emphasizes the need to review your I-9 process and employment practices in general. The case stemmed from a latino potential employee who applied for a job and was offered the work. During the I-9 process he was requested to provide a green card. The worker is a US citizen and as such, could not provide a green card. The offer for employment was subsequently withdrawn. The case was settled for $10,000 in back wages and fines.

The I-9 process has been a key to several discrimination cases over the past several years. Any industry that hires a large number of migrant workers, particularly a large number of Latino workers is susceptible to this type of discrimination. The I-9 form must be filled out for every new hire. It is very easy to ask for the same documents every time. It makes the process easier but it is not proper and, as evidenced above, can cost your company a bunch of money. The I-9 has three columns of documents and the employee has the right to provide any of the documents listed on the form as proof of identity and work eligibility. The list in column “A” provides both identity and work eligibility and the lists in “B” and “C” provide them separately.

Its important that you, from time to time, review your I-9 procedures and practices. The USCIS has good documentation on do’s and don’t’s as do many law firms that work in this area. If you have questions on your procedures, please give us a call and we can discuss them.

Dusty