Category Archives: Other Regulations

New Form I-9 in Effect

In November 2016, the U.S. Citizen and Immigration Services (USCIS) revealed a revised version of the Form I-9.  As of January 22, 2017, all employers must begin using this new version (dated 11/14/2016 in the bottom-left corner).

The most prominent change to the new Form is that it is now available as both a traditional paper version and also as an interactive, fillable PDF document, allowing it to be completed with software found on most computers.  Being dubbed as a “Smart” document, the new PDF version has features such as drop-down menus and real-time error messages that will help both employers and employees properly complete the new Form.

Other minor changes include:

  • In Section 1, employees only need to provide “Other Last  Names Used (if any)” rather than “All Names Used.”
  • There are additional spaces to enter multiple preparers and translators. If you are using the “Smart” version, additional spaces will appear if you check the box indicating that more than one preparer or translator was used. If you are using the traditional paper version, the extra spaces are located on the Form I-9 Supplement.
  • In Section 2, there is now a dedicated space for “Additional Information,” eliminating the need to write comments and other miscellaneous information in the margins of the form as in the past.

To avoid any confusion, copies of the prior version, dated 03/08/2013, should be discarded.  The new I-9 has an expiration date of August 31, 2019.  Failure to use the revised Form may result in recently-increased penalties, which range from $216 to $2,156 for paperwork violations.

Be advised that even if your company uses E-Verify, all employers must use the Form I-9.  Utilizing E-Verify does not remove an employer’s obligation to complete the Form.

For copies of all versions of the Form as well as instructions on how to complete them, please visit:

https://www.uscis.gov/i-9

If you would like to discuss the new Form I-9 or E-Verify in more detail as they each apply to your specific organization, please do not hesitate to contact us.

EOs & Regulations – Promise to Repeal

A cornerstone of President-Elect Trump’s election campaign was the promise to roll-back and eliminate regulations and Executive Orders (EOs) issued and implemented by the outgoing administration.   In just the employment arena affecting federal contractors, this includes:

  • EO 13658 – Minimum Wage for Federal Contractors
  • EO 13665 – Pay Transparency
  • EO 13672 – LGBT regulations
  • EO 13673 – Fair Pay and Safe Workplaces (“blacklisting” – currently blocked by federal courts)  EO 13706 – Paid Sick Leave
  • New regulations for affirmative action for Veterans and the Disabled
  • New regulations on discrimination on the basis of sex

In addition, there are regulations, rules, and expanded/new interpretations of existing rules affecting all employers regarding eligibility for overtime (blocked last week by a Texas district court); expedited union representation elections; “ban-the-box” limitations; increased OSHA fines; the Pregnant Workers Fairness Act; and the revised EEO-1 report requiring compensation data.

Continue reading EOs & Regulations – Promise to Repeal

Fair Pay Injunction

In a significant “win” for federal contractors and subcontractors, a federal district court in Texas has issued a nationwide preliminary injunction against the implementation of the requirements to disclose labor law violations as well as the anti-arbitration provisions contained in the Fair Pay and Safe Workplaces regulations and guidance that were to be effective October 25, 2016.  The FAR Council and the U.S. Department of Labor issued the regulations and guidance on August 25, 2016.

The Court held that the Plaintiffs challenging the rule had demonstrated:  1) a substantial likelihood of success on the merits; 2) a substantial threat of irreparable injury; 3) that the threatened injury outweighs any damage the injunction would cause the Defendants; and 4) that the order will not be adverse to the public interest.

Specifically, the Court held:

  1. That the Executive Order, FAR Rules, and DOL Guidance, separately and together, exceeded the President’s, FAR Council’s, and DOL’s authority and are otherwise preempted by other federal labor laws.
  2. That the Executive Order, the FAR Rules, and the DOL Guidance violate the First Amendment in that they “compel speech.”
  3. That the Executive Order, the FAR Rules, and the DOL Guidance violate the Due Process Rights of Government Contractors and Offerors.
  4. That the New Rule and Guidance are arbitrary and capricious and entitled to no deference.
  5. That the Executive Order and FAR Council Rule violates the Federal Arbitration Act.

What this means is that for the time being, and pending further legal actions, federal contractors and subcontractors do not have to comply with the provisions of the regulations or guidance that were to be effective October 25, 2016.  These provisions and guidance relate to disclosing labor law violations or amending ADR programs as connected to Title VII, Sexual Harassment or Assault claims.

However, the Court did not enjoin the implementation of the Paycheck Transparency requirements that will still be effective January 1, 2017.  Contractors and subcontractors must continue to prepare to comply with this section, if applicable.

We will continue to monitor developments with this action and will notify you of any updates.