labor lawAdivision of labor law center

Companies holding federal contracts need to be aware of important deadlines regarding the new E-Verify regulations.

These regulations require that employers use the E-Verify system to determine that current employees – even long-term employees – working on federal projects can legally work in the U.S.

Some important deadlines to keep in mind: 

• The employer must enroll in E-Verify, or re-enroll as a federal contractor, within 30 days after a federal contract is signed
• Within 90 days, the employer must begin verifying the status of new hires
• Within 90 days, the employer must check the work status of all current employees who will work on the federal project
• Any subcontractors hired must also meet the same deadlines 

Even a company that has  used E-Verify for many years must re-enroll once a federal contract is signed. “It’s very important that employers understand that they have to be identified and enrolled as a federal contractor,” says Cynthia Lange, an attorney with Fragomen, Del Rey, Bernsen & Loewy, LLP.

This is a reversal in regulations, since in the past employers were prohibited from using E-Verify to determine the work status of any existing employees.

Business owners may be tempted to enroll in E-Verify immediately, but experts urge them to wait until a federal contract is signed. “Businesses that didn’t hold a new or current contract with the federal government will most likely have to re-enroll once a new contract is signed,” according Lange.

The mandatory use of E-Verify by federal contractors was first proposed by then-president George W. Bush in June 2008. In November 2008, the final regulations to enforce the executive order were issued. However, like a number of other executive orders, it was put on hold until President Obama took office.

President Barack Obama

The mandatory use of E-Verify by federal contractors was contested in court by a coalition of employer’s groups, including SHRM, the Society for Human Resource Management.

E-Verify is a joint venture between the Department of Homeland Security, the Social Security Administration and USICS, the Immigrations and Customs Service.

 A compliance protection plan is helpful for employers who want to insure that their labor law posters are up to date.

Many states, however, increased their minimum wages on January 1 of 2009. The 2009 minimum wage posters should be updated now. The federal minimum wage law increases on July 24, 2009.

Subscribing to the compliance protection plan helps insure that, for a nominal fee, employers will be sent t the required updated posters whenever necessary. The posters are durable and easy to read as well.

Federal minimum wage posters should have been updated in July of 2008, when the minimum wage increased from $5.85 to $6.55 per hour. They will be updated yet again on July 24, 2009 when the minimum wage increases.

With inflation higher than normal in 2008 because of the cost of both gasoline and food, some states which provide annual cost-of-living hikes will see increases that are greater than usual.

The Florida minimum wage, for example, is going up 42 cents, from $6.79 an hour to $7.21. In Oregon, the minimum wage is up by 45 cents an hour, compared to last year’s 12 cents. In Missouri, the minimum wage rate goes up 40 cents an hour. While in 2008 it was $6.65 an hour in 2008, and is $7.05 in 2009.

The highest minimum wage nationwide is in Washington, where a hike of 48 cents brings the total to $8.55 per hour. The smallest increase is in Colorado, where the rate climbs by 26 cents hourly, bringing it to $7.28.

Other states, while they do not have automatic cost of living increases, pass minimum wage hikes either through citizen action or through action of the legislature.

In New Mexico, the minimum wage (more…)

The USERRA requires that employers reinstate employees after active military service, even if the employee’s absence has been up to five years. In some cases, as with wounded veterans, employers are required to reinstate employees who have been absent even longer.

That is why it is vital for employers to have a USERRA compliance program in place.

USERRA, the federal Uniformed Services Employment and Reemployment Act applies even to employees who voluntarily resign to enroll in the military. It also applies to emergency workers such as police, firefighters and paramedics, who may be pressed into service or volunteer during times of natural disasters or terrorist attacks.

The USERRA also applies to employees who serve in the National Guard or National Reserve.

Employers are required to notify employees of their rights under USERRA. In most cases, every employer must display a USERRA Poster, even if they currently have no employees who are covered under the law.

The federal regulations require that employers furnish a notice of the complete, accurate rights, benefits and obligations of employees and employers under USERRA.  Employers are encouraged to provide the notice to employees in other ways, in addition to the required poster. However, employers must be careful in selecting USERRA compliance products from a supplier. By law, the products must ensure that the full text of the notice is included.

 The U.S. Department of Labor recently introduced the USERRA Advisor , a useful online tool for employers. The eLaws Advisor helps employers to understand a number of issues surrounding military service, including: (more…)

Employers have received fair warning from theWashington Division of Labor & Industry that they must update Washington labor law posters before January 1, 2009. The agency reports that a number of companies are not in compliance. In particular, several have neglected to update their federal labor law posters since the increase on July 24, 2008.

Although the Washington minimum wage is higher than the federal minimum wage, federal law still requires that Washington employers prominently display the federal poster, as well as state posters.

The required Washington labor law posters include:   (more…)

Employers should take a few minutes to update their 2009 minimum wage posters.

Every employer is required by law to display a number of labor law posters, including those on the federal and state minimum wage. These posters must be updated each time the law is changed.

The best way for employers to keep labor law posters updated, is to subscribe to a compliance protection plan. For a nominal fee, these services will send employers updated posters whenever they are necessary. This service provides high-quality, durable, easy-to-read posters.  

Employers should have updated their federal minimum wage posters federal minimum wage posters in July 2008, when the rate went from $5.85 to $6.55 per hour. The federal minimum wage will increase again on July 24, 2009, requiring employers to update their posters.

A number of states will increase the minimum wage on January 1, 2009. Some states (more…)