Federal Contractors Required to Use E-Verify Starting September 8

July 10, 2009 - by: HR Hero 2 COMMENTS

Beginning Sept. 8, 2009, federal contractors and subcontractors will be required to use the E-Verify system to ensure their employees are legally authorized to work in the United States.The requirement is designed to stop federal contractors and subcontractors from hiring illegal immigrants.

Department of Homeland Security (DHS) Secretary Janet Napolitano announced this week that the Obama administration will require employers that are awarded federal contracts to use E-Verify. The requirement for federal contractors to use E-Verify was originally set to go into place in January 2009, but was postponed so that the new administration could review the new rule.

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Mass Audit Notices from ICE Evidence of New Immigration Tactic

July 06, 2009 - by: HR Hero 0 COMMENTS

U.S. Immigration and Customs Enforcement (ICE) is calling its decision to audit hiring records at 652 businesses nationwide a “bold, new audit initiative” that utilizes inspections as one of the most powerful tools the federal government has to enforce employment and immigration laws.

ICE issued Notices of Inspection to the 652 employers on July 1 to alert them that their hiring records will be inspected to determine whether they are complying with employment eligibility verification laws and regulations, according to a statement from the agency. The mass of notices is more than ICE issued throughout all of last fiscal year.

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Categories: ICE

Form I-9 Remains Valid Beyond June 30, 2009

June 26, 2009 - by: HR Hero 0 COMMENTS

U.S. Citizenship and Immigration Services (USCIS) announced today (June 26) that the Employment Eligibility Verification Form I-9 (Rev. 02/02/09) currently on the USCIS website will continue to be valid for use beyond June 30, 2009. The agency has requested that the Office of Management and Budget approve the continued use of the current  Form I-9. While this request is pending, the Form I-9 (Rev. 02/02/09) will not expire. USCIS will update the form when the extension is approved. Employers will be able to use either the Form I-9 with the new revision date or the Form I-9 with the 02/02/09 revision date at the bottom of the form.

Categories: USCIS

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EEOC Files Sexual Harassment Case Against Oregon Agriculture Employers

June 23, 2009 - by: HR Hero 1 COMMENTS

The Equal Employment Opportunity Commission (EEOC) recently filed its third sexual harassment case in less than a year against Oregon agricultural employers. The most recent suit charges that sexual harassment and retaliation occurred at Willamette Tree Wholesale, a retail nursery with 140 acres of farmland and a garden supply store in Molalla, Oregon, where Latina workers were allegedly sexually harassed and threatened, and at least one woman was repeatedly raped.

Regarding the case, EEOC Regional Attorney William R. Tamayo said, “From California, where the fields were called ‘field de calzon’ (or ‘field of panties’) because so many supervisors raped women there, to Florida, where female farm workers call them ‘The Green Motel,’ and throughout the country, we have found women working in agriculture are often particularly vulnerable to sexual harassment. We hope this third Oregon lawsuit will send notice to employers in this industry to stop predatory sexual behavior and abuses of supervisor power.”

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EEOC Votes to Revise ADA Amendments Act Regulations

June 16, 2009 - by: HR Hero 2 COMMENTS

(Updated June 17, 2009) The U.S. Equal Employment Opportunity Commission (EEOC) voted Wednesday (June 17) to move forward with revising its regulations to conform to changes made by the ADA Amendments Act of 2008 (ADAAA), which would make it easier for an individual seeking protection under the ADA to establish that he or she has a disability. Last December, the agency considered proposed regulations but deferred any action. Many observers attributed the delay to the Democratic members of the commission who wanted to wait until after President Barack Obama was inaugurated and a new administration in place.

The Commission voted 2-1 to adopt the rules changes at a public meeting this morning at the agency’s Washington headquarters. The five-member body has two vacancies.

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South Carolina’s Verification Rules for Private Employers Take Effect July 1

May 15, 2009 - by: HR Hero 1 COMMENTS

Last summer, South Carolina Governor Mark Sanford signed legislation that requires private employers to verify the employment eligibility of new employees. On July 1, 2009, these rules will take effect for private employers with 100 or more employees.

Under the new verification laws, employers that are required by federal law to complete and maintain federal employment eligibility forms or documents (Form I-9s) have two options. First, they can use the E-verify federal work authorization program to verify all new employees’ information and work authorizations within five business days of their hire. E-Verify is a free online federal system that allows employers to electronically compare employee information taken from a Form I-9 against the records in the databases of the Department of Homeland Security and the Social Security Administration.

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Categories: DHS / South Carolina

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Employing Minors in Dangerous Jobs: A Bad Idea

May 06, 2009 - by: HR Hero 0 COMMENTS

Employers all over the country will soon be hiring summer workers, many of them minors. If you are an employer with jobs that the U.S. Department of Labor (DOL) has listed as hazardous to minors, then take note. One Atlanta employer has learned a hard lesson at the expense of a teenage worker’s life.

The DOL’s Wage and Hour Division has fined Atlanta contractor Demon Demo, Inc., a civil penalty after investigating the death of a teenage worker from a second-floor fall at the company’s Gwinnett Place mall demolition site.

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Categories: DOL / Federal Agencies (List) / WHD

DHS Shifts Worksite Enforcement Strategy to Employers, Not Illegal Workers

May 04, 2009 - by: HR Hero 0 COMMENTS

On April 30, the Department of Homeland Security distributed its Worksite Enforcement Strategy describing how it plans to step up its efforts to enforce immigration laws. The new strategy focuses on reducing the demand for illegal employment by targeting employers that knowingly hire illegal workers as well as the workers themselves.

Last week, updated guidance was distributed to Immigration and Customs Enforcement (ICE). Effective immediately, ICE will focus its resources on the criminal prosecution of employers that knowingly hire illegal workers. Only 135 of the more than 6,000 arrests related to worksite enforcement in 2008 were employers.

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Categories: DHS / ICE

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D.C. Circuit Court: NLRB Can’t Render Decisions with Only 2 Members

May 04, 2009 - by: HR Hero 0 COMMENTS

Although two other courts of appeals had previously decided otherwise, on May 1, the District of Columbia Circuit Court of Appeals ruled that a two-person National Labor Relations Board (NLRB) could not render decisions in NLRB cases. The case in question was an appeal of the NLRB’s finding that management at Laurel Baye, a nursing home, had engaged in unfair labor practices. Laurel Baye did not challenge that ruling; however, it did challenge whether the NLRB even has the authority to issue a decision.

The issue of the two-member NLRB’s authority is still pending before several other appellate courts; however, in the meantime, does the D.C. appeals court’s ruling also affect other decisions the two-member Board has issued since December of 2007?

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Categories: Federal Agencies (List) / NLRB

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Government Resources for Employers on H1N1 Swine Flu

April 29, 2009 - by: HR Hero 0 COMMENTS

Many departments and agencies in the federal government provide helpful information for individuals, businesses and health care providers on responding to pandemic flu and developing plans to deal with contagious diseases and other emergencies. The following is information from the federal government directed toward businesses.

ADA-Compliant Employer Preparedness For the H1N1 Flu VirusEEOC compliance guidance for employers on the H1N1 swine flu

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