RGL Consultants

The revised Employment Eligibility Verification I-9 Form has been released. Employers may begin using this Form immediately, but MUST implement its use by May 7, 2013.

 The new Form has a much different look including being two pages, with a more organized layout separating the information employees must provide from the information employers must complete. The new Form also incorporates additional data fields, including the employee’s foreign passport information (if applicable), telephone numbers, and email addresses (optional) and “other names used”, including maiden name (mandatory). In addition, the new Form carries with it six (6) full pages of instructions.

Although the documents acceptable for Form I-9 purposes remain the same, the new Form revises the format of the Lists of Acceptable Documents to clarify the requirements for certain documents.

Note: RGL Consultants strongly encourages the employer to make and retain copies of the documents you review and verify for Employment Eligibility Verification; attaching them to the completed Form I-9.

It is critical that employers understand the nuances that go along with the Form I-9 process and the changes to that process that the new Form I-9 requires. For example, newly hired employees must complete and sign Section 1 of Form I-9 no later than the first day of employment. The employer must complete Section 2 within 3 business days of the employee’s first day of employment.

The link to the new Form I-9 follows:

http://www.uscis.gov/files/form/i-9.pdf

The Department of Labor published a request for comments on proposed information collection into workers’ knowledge of basic employment laws as part of it’s ongoing efforts to combat employee misclassifications.

The collection effort will collate data about workers’ employment and pay arrangements and will seek to measure workers’ knowledge about their current job classification and the rights and benefits associated with that classification. This evaluation will involve in-depth interviews of both employers and employees and will last until March, 2014.

The collection effort is part of an on-going Department of Labor effort to clamp down on worker misclassification (generally, treating an “employee” as an “independent contractor” whether intended or unintended); an effort that has recovered more than $29 million in back pay for over 29,000 employees since 2009.

Are you confident as to the classification of your staff members, or is an audit in order?

The DOL published their semiannual agenda in the Federal Register on January 5th.  Among other pending rulemaking that will apply to most employers is the expansion of FMLA leave for military caregivers.  The final rule is expected in March, 2013 and will then necessitate incorporation in your communications of FMLA policies; including Employee Handbooks.

The Wage-Hour Division plans to revise Family and Medical Leave Act regulations to incorporate amendments made by the National Defense Authorization Act.  The NDAA extends the current 26 weeks of military caregiver leave to family members of veterans who are undergoing medical treatment, recuperation, or therapy for a serious injury or illness for up to five (5) years after the service member leaves military service