The new Form I-9 is here – along with newly revised M-274 Handbook!
March 13, 2013 at 4:21 pm | Posted in E-Verify, Employee, Employer, Employment Law, H2-A, I9, Immigration, Legal, New employment laws/amendments | Leave a commentTags: Form I-9, M-274
It is hard to believe but the U.S. government actually issued a new Form I-9 without ten years of committee meetings to discuss those revisions. The new Form I-9 is here, effective March 8, 2013, for all employers to begin using. The questions will continue to roll in about the new format, about what documents to accept, about what pages to keep, and how the new Form I-9 affects internal Form I-9 audits.
The newly revised Form I-9 can be found at:
http://www.uscis.gov/files/form/i-9.pdf
Another surprise is that the Form I-9 Handbook, the M-274, was revised as well – the revised version was released yesterday. Please print the new M-274 and review it carefully. This revised version of the M-274 has color photos and better examples of the documents usually provided to employers by non-citizens.
http://www.uscis.gov/files/form/m-274.pdf
Follow the instructions carefully and be sure that the form I-9′s you keep have the list of documents on the back of the actual completed portion.
There will be confusion as to how to address concerns. E-verify will also be affected by the new Form I-9. Stay posted for updates!
The above is not legal advice nor is this posting the creation of an attorney client relationship between the Sensenig Law Firm and the reader.
FMLA adds news protection for military veterans and flight crews
February 5, 2013 at 8:50 pm | Posted in Employee, Employer, Employment Law, FMLA, Health Care, New employment laws/amendments | Leave a commentTags: employment law, FMLA
Today, February 5, 2013, is the 20th anniversary of President Clinton’s signing into law the Family Medical Leave Act. It is only fitting that today is also the day new regulations extending the protections under the Act are released.
The FMLA was amended in 2008 in 2010 to provide additional protection for employees with family members serving in the Armed Forces, National Guard and Reserves. These amendments not only protected the service member, but the family who had to act quickly to ensure a speedy departure for that individual. The FMLA was also amended to include a special eligibility provision for airline flight crew employees.
The expansion of the military regulations provides families of eligible veterans with the same job-protected FMLA leave currently available to families of military service members, and it also enables more military families to take leave for activities that arise when a service member is deployed. The second expansion modifies existing rules so that airline personnel and flight crews are better able to make use of the FMLA’s protections.
The acting Secretary of Labor, Seth D. Harris issued the following quote today about the new regulations:
“Enabling our military families to care for their loved ones without fear of losing their job and to actively participate in deployment, reunification and recovery reflects our deeper understanding of the role family members have in sustaining an all-volunteer force. Today’s rule makes clear this administration’s strong, ongoing commitment to respond to the needs and sacrifices of our military families. The rule also helps ensure that pilots and flight crews will no longer need to choose between career and caring for a loved one.”
The rule, being expanded today, implemented congressional amendments to the FMLA permitting eligible workers to take up to 26 workweeks of leave to care for a current service member with a serious injury or illness. Exigency leave is also permitted, allowing eligible employees to take up to 12 workweeks of leave for qualifying exigencies arising out of active duty or call to active duty in support of a contingency operation of a family member serving in the National Guard or Reserve. As stated on the Department of Labor’s website: ”This means that workers can attend a spouse’s farewell and welcome home ceremonies without being penalized at work. They also can spend time with family members on leave from active duty service without risking their jobs.”
For more information, including the rule, a military leave guide, fact sheets and other materials, visit http://www.dol.gov/whd/fmla/2013rule.
A debt of gratitude is owed to the people who protect us; this amendment provides a small way for employers to say “Thank You” to those individuals, and their families, for their service.
The above is not legal advice nor is this posting the creation of an attorney client relationship between the Sensenig Law Firm and the reader.
Directly from the Department of Labor’s website: Obama administration moves forward to implement health care law, ban discrimination against people with pre-existing conditions
November 27, 2012 at 1:28 am | Posted in Employee, Employer, Employment Law, Health Care, New employment laws/amendments | Leave a commentTags: business, economy, government, politics
The information below is taken verbatim from the Department of Labor’s website:
Release Number: 12-2311-NAT
Obama administration moves forward to implement health care law, ban discrimination against people with pre-existing conditions
WASHINGTON — The Obama administration moved forward today to implement provisions in the health care law that would make it illegal for insurance companies to discriminate against people with pre-existing conditions. The provisions of the Affordable Care Act also would make it easier for consumers to compare health plans, and employers to promote and encourage employee wellness.
“The Affordable Care Act is building a health insurance market that works for consumers,” said Health and Human Services Secretary Kathleen Sebelius. “Thanks to the health care law, no one will be discriminated against because of a pre-existing condition.”
“The Affordable Care Act recognizes that well-run, equitable workplace wellness programs allow workers to access services that can help them and their families lead healthier lives,” said Secretary of Labor Hilda L. Solis. “Employers, too, can benefit from reduced costs associated with a healthier workforce.”
The Obama administration issued:
- A proposed rule that, beginning in 2014, prohibits health insurance companies from discriminating against individuals because of a pre-existing or chronic condition. Under the rule, insurance companies would be allowed to vary premiums within limits, only based on age, tobacco use, family size and geography. Health insurance companies would be prohibited from denying coverage to any American because of a pre-existing condition or from charging higher premiums to certain enrollees because of their current or past health problems, gender, occupation, and small employer size or industry. The rule would ensure that people for whom coverage would otherwise be unaffordable and young adults have access to a catastrophic coverage plan in the individual market. For more information regarding this rule, visit
http://www.healthcare.gov/news/factsheets/2012/11/market-reforms11202012a.html. - A proposed rule outlining policies and standards for coverage of essential health benefits, while giving states more flexibility to implement the Affordable Care Act. Essential health benefits are a core set of benefits that would give consumers a consistent way to compare health plans in the individual and small group markets. A companion letter on the flexibility in implementing the essential health benefits in Medicaid was also sent to states. For more information regarding this rule, visit
http://www.healthcare.gov/news/factsheets/2012/11/ehb11202012a.html.
- A proposed rule implementing and expanding employment-based wellness programs to promote health and help control health care spending, while ensuring that individuals are protected from unfair underwriting practices that could otherwise reduce benefits based on health status. For more information regarding this rule, visit
http://www.healthcare.gov/news/factsheets/2012/11/wellness11202012a.html
http://www.dol.gov/opa/media/press/ebsa/EBSA20122311.htm#.ULQVdxgmyRs
Employers need to become informed as to their responsibilities under the Affordable Care Act as employees will have questions and penalties will be assessed against eligible employers who fail to comply with the law.
The current Form I-9 expires August 31, 2012 – but an extension of the Form has been granted!
August 22, 2012 at 1:22 am | Posted in agriculture, E-Verify, Employee, Employer, Employment Law, H2-A, I9, Immigration, New employment laws/amendments | Leave a commentUntil further notice, employers should continue using the Form I-9 currently available on the forms section of http://www.uscis.gov. This particular I-9 Form should continue to be used even after the OMB control number expiration date of August 31, 2012 has passed. The Immigration Service will provide updated information about the new version of the Form I-9 as it becomes available. We waited well over ten years for the last revision so I am not particularly optimistic that a new version will be issued anytime soon.
Employers must complete Form I-9 for all newly-hired employees within 72 hours of commencement of employment to verify the employee’s identity and authorization to work in the United States.
Agricultural Employer Alert: Department of Labor statement on withdrawal of proposed rule dealing with children who work in agricultural vocations
April 27, 2012 at 3:01 am | Posted in agriculture, Employee, Employer, Employment Law, Harvesting, I9, Immigration, New employment laws/amendments | Leave a commentTags: agriculture, child labor
The U.S. Department of Labor today – April 26, 2012 – issued the following statement regarding the withdrawal of a proposed rule dealing with children who work in agricultural vocations:
“The Obama administration is firmly committed to promoting family farmers and respecting the rural way of life, especially the role that parents and other family members play in passing those traditions down through the generations. The Obama administration is also deeply committed to listening and responding to what Americans across the country have to say about proposed rules and regulations.
“As a result, the Department of Labor is announcing today the withdrawal of the proposed rule dealing with children under the age of 16 who work in agricultural vocations.
“The decision to withdraw this rule – including provisions to define the ‘parental exemption’ – was made in response to thousands of comments expressing concerns about the effect of the proposed rules on small family-owned farms. To be clear, this regulation will not be pursued for the duration of the Obama administration.
“Instead, the Departments of Labor and Agriculture will work with rural stakeholders – such as the American Farm Bureau Federation, the National Farmers Union, the Future Farmers of America, and 4-H – to develop an educational program to reduce accidents to young workers and promote safer agricultural working practices.”
This clearly has an impact not on the family farms that would have been affected by the rule change. It is also interesting that the Administration has backed away from this issue while continuing to address immigration enforcement issues via Form I-9 audits, and the fines and criminal penalties associated with those audits.
Employers get yet another reprieve from the NLRB posting requirement
April 25, 2012 at 1:56 am | Posted in Uncategorized | Leave a commentTags: employee rights, employment law, posters, union
Just last week, the D.C. Circuit Court issued an injunction delaying the effective date of the NLRB’s Final Rule requiring most employers to post a notice of employee rights in their workplaces. The Final Rule was initially scheduled to take effect on the last of April 2012. The D.C. Circuit Court’s ruling postpones the posting requirement indefinitely.
With an active NLRB under President Obama’s administration, this is not a dead issue and we will hear about it again soon. In the meantime, employers need to be sure to have their other mandatory postings up to date, including a current minimum wage rate poster as the Department of Labor has been active in visiting employers to review compliance with the posting requirements.
The H2-A program and E-Verify – what harvesters need to know
January 18, 2012 at 3:08 pm | Posted in E-Verify, H2-A, Harvesting | Leave a commentI was recently featured in an article on the Florida Fruit and Vegetable Association’s on-line publication regarding the federal H2-A program. The H2-A program is a guest agricultural employment program that permits a harvester to obtain foreign labor to harvest crops in the United States, if strict eligibility criteria is met. Advance planning to participate in the program is required.
If you would like more information about the program, and for an opinion on the E-Verify System, please go to the following address:
With E-Verify being a hot topic in so many states, including Florida, agricultural employers need to assess their needs and ensure a legitimate and legal workforce is available – especially now in Florida when both strawberries and citrus is ripe for picking.
New 2012 Florida Minimum Wage Posting Requirements – and a delay on having to display the new NLRB poster
January 13, 2012 at 10:00 pm | Posted in Employee, Employer, Employment Law, FLSA, union, wage & hour | Leave a commentHappy New Year! Florida has a new minimum wage, $7.67 per hour. Florida employers covered by the Fair Labor Standards Act or Florida’s Minimum Wage Act must post a notice to employees regarding the new wage. The poster must be placed in a common area frequented by employees for high visibility. For a free copy of the notice, visit http://www.floridajobs.org/business-growth-and-partnerships/for-employers/display-posters-and-required-notices.
On a more controversial note, unionized AND non-unionized employers subject to NLRB jurisdiction now have until April 30, 2012 to post the NLRA rights poster. This poster was originally to be posted on January 31, 2012 but now covered employers have until April 30, 2012 to display the poster.
The poster provides a comprehensive list of employee rights under the National Labor Relations Act, including the right for employees to act in concert (to act together) to improve wages and working conditions. Examples of unlawful employer and union conduct is also provided. The poster also provides an instruction to employees as to how to contact the NLRB with questions or complaints.
The notice must measure 11 x 17 inches (yes, size matters in this instance), and must be posted in all locations where employee notices are normally posted, including on a company’s intranet or internet site. No record-keeping or reporting requirements accompany the rule, however, the NLRB may treat any failure to display the poster as an unfair labor practice. Employers may find the poster at http://www.nlrb.gov/poster. At some point, the NLRB will also make foreign language versions of the notice available. which foreign language notices are required at workplaces where at least 20% of employees are not English-proficient.
Will there be additional delays as to this posting requirement? I will keep you posted.
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