labor lawAdivision of labor law center

The deadline for employers’ compliance with changes to the I-9 form is April 3, 2009.

Essentially, the U.S. Citizenship and immigration Services, the agency in charge, has given employers a several-weeks respite.

Action by the new Presidential administration has helped the cause of those seeking a delay. Numerous employment law and regulatory deadlines put into action by the Bush Administration during its final months were postponed recently. Chief of Staff of the White House, Rahm Emmanuel, put out a memo urging federal agencies to take an additional 60 or 90 days to review all of those policies. The intention was to insure that the policies would be consistent with the standards of President Barack Obama.

An interim rule published by the USCIS in December of 2008 originally required all employers in the U.S. to begin using a new I-9 form by February 2, 2009. Under the new regulations, (more…)

Under a Minnesota law taking effect on January 1, 2009, employers must pay benefits for any workers who do not have a certificate showing they are an independent contractor.

The Minnesota Independent Contractor Exemption Certificate (ICEC) law requires individuals who work as independent contractors in the construction industry, to obtain a certificate from the Minnesota Department of Labor and Industry. The law does not apply to individuals doing business as corporations, LLCs or partnerships.

Contractors who employ individuals who do not have an ICEC must pay state workers’ compensation and unemployment insurance for those individuals. In addition, such workers are considered employees legally and all state and federal employment laws, including minimum wage, overtime and worker safety standards, apply.

The law was designed to (more…)

Thirty-one U.S. states have laws requiring employers to give workers time off to vote. The penalties for employers who don’t give workers time off to vote can be severe.

In the U.S. territory of Puerto Rico, Election Day is a legal holiday. This includes any day a referendum is held. General elections are legal holidays in the Virgin Islands, and employees who give prior notice must be permitted two hours off, with pay, to vote.

Internationally, in many countries, election day (more…)

A number of states require employers to give workers time off to vote, including voting in the presidential election on Tuesday, November 4, 2008.

According to CCH, a nationwide leader in labor and employment information, more than half of the U.S. states have laws that mandate time off to vote. Employers who do not comply face fines and even jail time.

The states that do not require employers to give workers time off to vote are: Connecticut, Delaware, Florida, Idaho, Indiana, Louisiana, Maine, Michigan, Mississippi, Montana, New Hampshire, New Hersey, North Carolina, Oregon, Pennsylvania, Rhode Island, South Carolina, Vermont and Virginia.

In many states, (more…)

A number of employees, who were not disabled in 2008, will legally be considered disabled in 2009, without any change in their condition.

A new law signed by President Bush on September 25, 2008 includes major changes in employment law related to disabled employees. These changes, which are effective January 1, 2009, affect every employer who has an impaired worker, or may have one in the future.

The Americans with Disabilities Act (ADA) Amendments Act of 2008 changes the definition (more…)