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 MRA - News to Know
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New I-9 Form Delayed for 60 Days
U.S. Citizenship and Immigration Services (USCIS) has announced a 60-day delay in implementing the new Form I-9 for the verification of employment eligibility for new hires.
The delay comes in response to a January memorandum from President Barack Obama's chief of staff, Rahm Emanuel. In the memo, Emanuel directed all federal agencies to put a freeze on certain unimplemented federal regulations, recommending that the regulations be subject to a 60-day hold for further agency consideration.
The rules detailing the new I-9 process will now be on hold until April 3, 2009, and the public comment period regarding the rules has been reopened until March 4, 2009.
I-9 form for use before April 3, 2009.
Information on delayed implementation.
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Fair Pay Act Signed by President Obama
President Obama January 29, 2009, signed the Lilly Ledbetter Fair Pay Act (Pub. L. No. 111-2), with supporters cheering that the measure makes it less burdensome to bring pay bias claims and corrects an ill-reasoned 2007 U.S. Supreme Court ruling, and critics contending that the law will cause an onslaught of employment litigation.
“[E]qual pay isn't just an economic issue for millions of Americans and their families, it's a question of who we are—and whether we're truly living up to our fundamental ideals,” Obama said before signing the bill.
The law, which addresses time limits faced by workers alleging pay discrimination, amends Title VII of the 1964 Civil Rights Act, the Age Discrimination in Employment Act, the Americans with Disabilities Act, and the Rehabilitation Act to provide that the charge-filing periods—300 days in most states and 180 days in the few states that do not have a state fair employment agency—are triggered each time compensation is paid pursuant to a discriminatory pay decision or practice.
The signing came two days after the House approved the legislation (S. 181) with a largely party-line vote of 250-177 on January 27. The Senate approved the bill by a 61-36 vote on January 22.
The Lilly Ledbetter Fair Pay Act takes effect as if enacted on May 28, 2007, and applies to all claims of discrimination in compensation under Title VII of the 1964 Civil Rights Act, the Age Discrimination in Employment Act, the Americans with Disabilities Act, and the Rehabilitation Act.
The measure came in response to a May 2007 decision by the Supreme Court, which ruled in Ledbetter v. Goodyear Tire & Rubber Co. (550 U.S. 618, 100 FEP Cases 1025 (2007)); that the time limits for filing a discrimination charge with the Equal Employment Opportunity Commission start to run when the employer makes a discriminatory decision about the employee's compensation, not each time the employee receives a paycheck affected by the discrimination.
Ledbetter was a former supervisor at a Goodyear Tire plant in Alabama who discovered that she had been receiving less pay than her male counterparts doing the same work. She discovered this through an anonymous note after working for the company for nearly 20 years.
Text of the Lilly Ledbetter Fair Pay Act.
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Reminder: OSHA Form 300A Summary Must Be Posted February 1 to April 30
The OSHA Form 300A summary must list the total numbers of job-related injuries and illnesses that occurred in 2008 and were logged on the OSHA 300 form. Employment information about annual average number of employees and total hours worked during the calendar year is also required to assist in calculating incidence rates. Companies with no recordable injuries or illnesses in 2008 must post the form with zeros on the total line. A company executive must certify all establishment summaries.
The form is to be displayed in a common area wherever notices to employees are usually posted. Employers must make a copy of the summary available to employees who move from worksite to worksite, such as construction workers, and employees who do not report to any fixed establishment on a regular basis.
Employers with ten or fewer employees and employers in certain industry groups are normally exempt from federal OSHA injury and illness recordkeeping and posting requirements. A complete list of exempt industries in the retail, services, finance, and real estate sectors is posted on OSHA's Web site.
Exempted employers may still be selected by the Labor Department's Bureau of Labor Statistics to participate in an annual statistical survey. All employers covered by OSHA need to comply with safety and health standards and must report verbally within eight hours to the nearest OSHA office all accidents that result in one or more fatalities or in the hospitalization of three or more employees.
More information on the OSHA recordkeeping forms.
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E-Verify Rule for Contractors Extended (Again) Until May
On January 28, 2009, the federal government agreed to postpone until May 21 implementation of an executive order and related federal procurement law that requires federal contractors to use the government's electronic employment verification program E-Verify.
The postponement is the second delay of implementation of the rule. On January 9 the federal government agreed to postpone the rule for one month after a coalition of business groups led by the U.S. Chamber of Commerce filed a lawsuit challenging the rule.
The postponement will give the new administration “an opportunity to review the rule prior to its widespread implementation,” said Bill Wright, spokesman for the Department of Homeland Security's Citizenship and Immigration Services.
A notice confirming the postponement was published in the January 30, 2009, Federal Register (74 Fed. Reg. 5,621). The rule became effective January 19 but will not be applicable to contractors until May 21, Wright said.
The DHS “remains committed to implementing the E-Verify electronic employment verification system, which is free, voluntary, and represents the best means available for determining employment eligibility of new hires and the validity of their Social Security numbers,” Wright said.
Based on Bush Order
On June 6, 2008, President Bush issued an amendment to Executive Order No. 12,989, requiring federal government contractors to use E-Verify to check the work authorization of all new hires and existing personnel assigned to perform work on future federal.
The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council then issued a proposed rule to spell out federal agencies' responsibilities under the executive order. Under the final rule, E-Verify will be required for all federal contractors, regardless of size, that hold a contract with a period of performance longer than 120 days and a value above $100,000. Subcontractors will be required to participate if they provide services or construction with a value of more than $3,000.
E-Verify currently is voluntary for most employers, with approximately 100,000 employers participating in the program.
Information for federal contractors.
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Information contained in these articles should not be regarded as a substitute for legal counsel in specific areas. Members may contact the Information and Research Line at 866.ASK.MRA1 or 262.696.3660 or Infonow@mranet.org for additional information.
©2008 MRA-The Management Association.
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