labor lawAdivision of labor law center

Every employer should have begun using the new, updated I-9 form no later than April 3, 2009.

The biggest difference in the new I-9 form and the previous version is that expired identity documents will no longer be accepted on the new form.

The USCIS or Citizenship and Immigration Services notes that the Department of Homeland Security wanted to ensure that “documents presented for use in the Form I-9 process must be valid and reliably establish both identity and employment authorization.” The DHS adds that expired documents may not contain the workers valid status. They are also more prone to tampering and fraudulent use, than unexpired documents.

The new I-9 form also eliminates several documents from List A, items that establish both identity and employment authorization. These include Forms I-688, I-688A and I-688B, temporary resident cards and outdated employment authorization cards.

The newest I-9 form also adds a number of documents to List A, including: (more…)

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…)

A new I-9 form for employers has been developed. Otherwise known as the employment eligibility form, the I-9 form’s revised version is effective April 3, 2009.

At that time, all employers in the U.S. will be legally bound to use the new version.

Any such employers who wish to do so are invited to comment. It should be noted that many firms have already begun switching over to the new forms. Compliance is not mandatory yet, however. As in the past, employers may legally make copies of I-9 documentation, but must file such documentation in a location separate from a worker’s personnel file.

The deadline date represents a delay in the date originally put forward by the U.S. Citizenship and immigration Services following action under the Bush administration.

As a result of efforts by, among others, the new White House under President Barack Obama, the deadline was moved back from February 2, 2009.

Chief of Staff Rahm Emmanuel sent memos to federal agencies urging them to (more…)

Already in 2009, the U.S. Department of Labor has implemented the most sweeping changes to the FMLA or federal Family and Medical Leave Act in its 15-year history.

These changes went into effect on January 16, 2009. The complete changes are complex, but here is the crucial information that employers need to know.

Required and Optional Paperwork

First, and perhaps most importantly, employers are required to give a Notice of Eligibility to any employee when it is believed that the employee may have an FMLA-qualifying absence. The employee does not have to request FMLA or mention the words FMLA. It is the employer’s duty to make the employee aware of available unpaid leave by giving the employee this notice without being asked.

The new rules change notice and certification requirements under FMLA. The new regulations attempt to clarify communications and information collection between the employer and employee by introducing two new optional medical certification forms. (more…)