Veritas News
A Sea Of Mandates Demands Constant Navigation | |
While recent business media attention focuses on the possibilities surrounding the various government- imposed healthcare mandates looming on the horizon, employers are faced daily with things (though not always labeled as "mandates") they must provide or do that have been imposed on them by local, state and/or federal governments. Some of the areas affected include:
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| Meal and Rest Breaks | The Fair Labor Standards Act (FLSA) doesn't outline requirements for meal or rest breaks, but many state regulations do, and seven states also have rest period requirments (California, Colorado, Kentucky, Minnesota, Nevada, Oregon, and Washington). See www.dol.gov/esa/whd/state/meal.htm for details addressing meal and rest breaks.
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| Jury Duty | Every state has some sort of jury duty or witness duty leave statute. The Jury System Improvements Act protects employees who serve as jurors in federal court, and Title VII of the Civil Rights Act, the Occupational Safety and Health Act, and the Fair Labor Standards Act protect an employee's attendance at administrative hearings. Thus, both private and public employers are obligated to provide jury duty leaves and may be obligated to provide leave for employees to participate in administrative proceedings.
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| Military Service | The Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) prohibits employers from taking adverse employment action against workers due to military service and mandates that these workers be allowed to return to their positions with the same pay, privileges and seniority that they would have had without the military absence.
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| Mental Health Parity | The Mental Health Parity Act of 2008 mandates that health benefit plans that offer treatments for mental health do so on the same basis that they treat other physical ailments.
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| Credit Reports | The Fair Credit Reporting Act (FCRA), and similar complementary state laws, require notice and permission to obtain consumer reports and prescribes how employers can and cannot use such reports. Employees have written notice rights and advance opportunity to address credit report issues before an employer can take adverse action.
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| Equipment | The Occupational Safety and Health Administration (OSHA) and its state counterparts may require specific equipment or procedures for specific industries. For example, there are specific standards, requirements, and procedures for health workers who will be handling needles and blood-borne pathogens. (See www.osha.gov/publications/osha3189.html.) |
OSHA to Audit Employers for Under Reporting Workplace Injuries | On October 1, 2009, the Occupational Safety and Health Administration released its plan for implementing its National Emphasis Program (NEP) to assess the accuracy of injury-and-illness data recorded by employers. The NEP was enacted in response to several studies, including one by the Government Accountability Office (GAO), that have claimed there exists a serious problem of under reporting workplace injuries and illnesses on the OSHA Form 300. Specifically, the NEP will focus on auditing employers' reports of workplace injuries and illnesses to identify instances of underreporting in high-hazard industries.
To see if your business is on the targetted-industry list or to read complete article, click here. |
U.S. Immigration and Customs Enforcement (ICE) Launches a Bold, New Audit Initiative
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USCIS Initiates Surprise Visits Re H-1B Visits | Notices of Inspection (NOIs) alert business owners that ICE will be inspecting their hiring records to determine whether or not they are complying with employment eligibility verification laws and regulations. Inspections are one of the most powerful tools the federal government has to enforce employment and immigration laws.
An official from ICE speaking publicly at a recent conference indicated that the agency is preparing to launch a round of nationwide employer audits in late summer or early fall. If you receive a Notice of Inspection, insist on your right to a three-day notice period, and contact your attorney.
This new initiative illustrates ICE's increased focus on holding employers accountable for their hiring practices and efforts to ensure a legal workforce."ICE is committed to establishing a meaningful I-9 inspection program to promote compliance with the law. This nationwide effort is a first step in ICE's long-term strategy to address and deter illegal employment," said Department of Homeland Security Assistant Secretary for ICE John Morton.
Employers are required to complete and retain a Form I-9 for each individual they hire for employment in the United States. This form requires employers to review and record the individual's identity document(s) and determine whether the document(s) reasonably appear to be genuine and related to the individual. (See http://www.ice.gov/pi/nr/0907/090701washington.htm)
U.S. Citizenship and Immigration Services (USCIS) has initiated surprise site-visits to employers to ensure compliance within the H-1B visa program requirements, and to confirm that the H-1B visa holder is working and being paid in accordance with the terms of the H-1B visa petition. |
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USCIS Update: Expiration Date of Employment Eligibility Verification Form I-9 | U.S. Citizenship and Immigration Services (USCIS) announced that the Office of Management and Budget has extended its approval of Form I-9 (Employment Eligibility Verification) to Aug. 31, 2012. Consequently, USCIS has amended the form to reflect a new revision date of Aug. 7, 2009.
Employers may use the Form I-9 with the revision date of either Aug. 7, 2009 or Feb. 2, 2009. The revision dates are located on the bottom right-hand portion of the form.
For more information on USCIS and its programs, or to obtain Form I-9 and the Handbook for Employers, see http://www.uscis.gov/portal/site/uscis/?mode=WN or call toll-free at (800) 870-3676.
USCIS forms and information on immigration laws, regulations, and procedures can also be requested by calling the National Customer Service Center toll-free at (800) 375-5283. |
| E-Verify Effective September 8 for Federal Contractors | E-Verify for Federal Contractors - September 8, 2009, has been announced as the new effective date for rules implementing Executive Order 12989 requiring federal contractors to verify the work authorization of all employees through E-Verify. Any federal contractor awarded a new contract after that date that has a Federal Acquisition (FAR) E-Verify clause will have to use E-Verify to ascertain the current work authorization of all employees (new and existing). Federal contractors may not use the E-Verify system for current employees until after September 8, 2009, and they are awarded a contract with the E-Verify clause. |
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| Gulf Shore Business By: Beth Luberecki
And a business should be sure its PEO has the business’s interests at heart. “They really ought to make sure they’ve got somebody who sees themselves as being their partner,” says Ingram. “It’s one thing when you’re saving people money or time, but it’s another thing altogether when you are an integral part of them staying in business.” (Click here to read the entire article.)
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 | Gulf Shore Business Celebrating the Region's Rising Stars - The Silver Lining
Charles Ingram - WHY HIM: . . . his Bonita Springs-based professional employer organization, which handles human resources, payroll and employee benefits for companies like Galloway Family of Dealerships and FineMark National Bank & Trust. “There are people whose solvency is at stake in making these kinds of processes better,” he says. “It’s no longer just a nice idea; it’s exactly the right thing at the right moment for a lot of companies.” (Click here for the entire article.) |
