by Rebecca Hudson

Colorado’s new civil union law goes into effect May 1, meaning Colorado joins eight other states that permit civil unions or have similar laws that recognize them. Nine other states and Washington, D.C., allow same-sex marriage.

Under the Colorado Civil Union Act, the state will recognize civil unions entered into by same-sex and opposite-sex couples, granting rights afforded to traditionally married couples. But unlike a marriage, a civil union doesn’t provide federal protections or responsibilities. For example, under the Defense of Marriage Act (DOMA), federal programs define marriage as “between one man and one woman.” If a Colorado employer remains governed by federal law, any benefits it offers won’t be extended to partners in a civil union.

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U.S. Citizenship and Immigration Services (USCIS) has announced that it reached the statutory H-1B visa cap of 65,000 for fiscal year 2014 during the first week of the filing period. This is the first time since 2008 that the cap has been met during the first week.

The H-1B program allows U.S. businesses to employ foreign workers in specialty occupations requiring theoretical or technical expertise (e.g., scientists, engineers, and computer programmers).

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The U.S. Citizenship and Immigration Services (USCIS) has published a revised Form I-9, and employers should begin using it right away.

The new form went into effect today. The revision date of the form is printed in the lower left corner. Employers are encouraged to begin using the new form now, but forms dated February 2, 2009, and August 7, 2009, will be accepted until the effective date of the revised form—May 7, 2013.

All employers are required to complete a Form I-9 for each employee hired in the United States. The purpose of the form is to verify employees’ identity and employment authorization. Employers shouldn’t complete the revised Form I-9 for current employees if a properly completed form is already on file.

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by Kevin J. Skelly

Every year, employers must publicly report specific transactions or arrangements relating to unionization or the threat of unionization. The report must be made within 90 days after the end of the employer’s fiscal year. For employers whose fiscal years coincide with the calendar year, the reporting deadline will be at the end of March.

The report is made on Form LM-10, which is issued by the U.S. Department of Labor (DOL). Nongovernmental employers must file the form annually to disclose financial dealings with union officials and representatives.

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by Judith E. Kramer

An Executive Order issued nearly four years ago dealing with employees of federal contractors is set to take effect on January 18.

President Barack Obama signed Executive Order 13495—Nondisplacement of Qualified Workers Under Service Contracts—on January 30, 2009. The order requires that contractors and subcontractors acquiring contracts that succeed contracts for the performance of the same or similar services at the same location must offer the predecessor contractor’s employees a right of first refusal of employment.

Authority to enforce the order lies with the U.S. Department of Labor (DOL), which issued its final regulations on August 29, 2011. The order is just now taking effect because the effective date was postponed until the Federal Acquisition Regulatory (FAR) Council issued its regulations. Both sets of regulations take effect on January 18, meaning that contracting agencies must include the new requirements in solicitations, new contracts, and contract modifications. Contractors’ obligations do not begin until the new requirements are included in the relevant contracting document by the contracting agency.

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by Javier F. Garcia

Washington’s new law concerning recreational marijuana use takes effect December 6, but it doesn’t require changes in employer policies.

Initiative 502 (I-502), approved in the November 6 election, is intended to make the production and sale of marijuana a regulated, state-licensed system similar to that for controlling hard alcohol. It means that adults over 21 no longer will be prosecuted under state law for possessing limited amounts of marijuana and using it in private.

Marijuana use remains illegal under federal law. Therefore, federal contractors and employers receiving federal funding will want to avoid policies that allow consumption of marijuana on the premises to prevent loss of funding and federal prosecution. Also, many employers have drug-free workplace policies and/or collective bargaining agreements that prohibit the use of alcohol and drugs, including marijuana in the workplace.

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The IRS has announced the 2013 standard mileage rate to use in computing the deductible costs of operating an automobile for business use. Employers often use the rate to determine how much they will pay employees for using their personal vehicles for work-related purposes.

The 2013 rate for transportation or travel expenses is 56.5 cents per mile for all miles of business use. For more information, go to http://www.irs.gov/uac/2013-Standard-Mileage-Rates-Up-1-Cent-per-Mile-for-Business,-Medical-and-Moving.

More than two years after the ADA Amendments Act (ADAAA) went into effect, the Equal Employment Opportunity Commission (EEOC) has finalized regulations interpreting the law’s requirements. For the most part, the final regulations provide exactly the type of comprehensive guidance employers were hoping for. In any event, they are a dramatic departure from (and an improvement over) the proposed regulations the EEOC issued in September 2009.

Let’s look at the regulations’ key provisions and what they mean for employers.

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By David S. Fortney, Editor Federal Employment Law Insider
Fortney & Scott, LLC

More than two years after the ADA Amendments Act (ADAAA) went into effect, the Equal Employment Opportunity Agency (EEOC) is finally issuing regulations interpreting the law’s requirements. The regulations provide crucial information for employers who, for the past two years, have struggled to comply with the ADAAA with no regulatory guidance on what was required of them.

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By Adria Martinelli and Julie Athey

After several delays, the Equal Employment Opportunity Commission (EEOC) has issued final regulations that interpret and implement the nondiscrimination requirements of the Genetic Information Nondiscrimination Act (GINA). For the most part, the final regulations don’t differ substantially from the ones proposed by the agency nearly two years ago. However, they do provide specific examples of what employers must do (and refrain from doing) to comply.

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