Employment Law Updates

Employers will be required to use the newest version of the Form I-9 to verify the employment eligibility of their employees by September 18. The changes to the form mostly relate to the List of Acceptable Documents. The new form should be used when verifying the eligibility of new employees or re-verifying the eligibility of employees who have work authorizations with an expiration date. A link to the new form can be found at https://www.uscis.gov/i-9.

Employers should be aware of potential legal pitfalls in their employment application forms. A good rule of thumb is to avoid asking for information that cannot legally be considered in making a hiring decision. The following are examples of information that should generally not be requested:

The U.S. Department of Labor today issued its long-awaited final regulations confirming the proposed changes to the Fair Labor Standards Act overtime pay exemptions. The salary level that is required as part of the test for an employee to be classified as exempt has been $455 per week for many years. The new regulations increase this level to $913 per week. The change on an annual basis is from $23,660 to $47,476. The new salary level goes into effect on December 1, 2016.

The United States Department of Labor (DOL) enforces several laws and regulations that require notices to be posted in the workplace. The required posters are available in electronic copy through the DOL. Not all employers are covered by every law or regulation.

As an example, businesses with fewer than 50 employees are not required to post a notice about the Family and Medical Leave Act (FMLA). More information is available from the DOL about the most recent poster requirements at the Poster Advisor on their website.

Effective July 1, 2017, a new Virginia law requires employers and payroll service providers to notify the Office of the Attorney General “without unreasonable delay” after discovery of a breach of computerized employee payroll data that compromises the confidentiality of the data.

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