Attention..........New I-9 Form!

New I-9 Form To Go Into Effect Today

Effective Friday, April 3, 2009, all United States employers are required to use the revised I-9 form to verify the employment eligibility of all new hires and reverifications. The United States Citizenship and Immigration Services ("USCIS") interim final rule that was published on December 17, 2008, outlines this requirement. This revised I-9 form can be identified by the revision date (2/20/09) located in the lower right-hand corner of the form, and is available at http://www.uscis.gov/files/form/i-9.pdf. Failure to use the revised form could result in civil money penalties and/or sanctions.

In general, the revised I-9 form amends the list of identity and employment authorization documents employers can accept for the Employment Eligibility Verification process. The largest change to the revised from is that expired documents are no longer accepted for either identification or employment authorization. The USCIS determined that expired documents are more subject to tampering and fraudulent use, and, accordingly, now only unexpired documents may be accepted.

The revised form also adds two new documents to the list of acceptable identity and employment authorization documents. The first is a temporary I-551 (legal permanent residence status confirmation) printed notation on a machine-readable immigrant visa. This change merely reflects the long-used Department of State practice of preprinting I-551 notations rather than placing a temporary stamp on the foreign passport. The second new document is specifically for citizens of the Federal States of Micronesia and the Republic of the Marshall Islands. Due to an agreement between the governments of those nations and the U.S. Government, Micronesian and Marshall Islands citizens may present a valid passport with evidence of their admission to the U.S. pursuant to the agreement to satisfy the I-9 requirements.

In addition, the revised Form I-9 removes three documents from the List A, list of acceptable documents for identity and employment authorization: Form I-688, "Temporary Resident Card,'" and Forms I-688A and I-688B, "Employment Authorization Cards," because these forms are no longer issued. Finally, the revised Form I-9 contains a change to the employee attestation section where noncitizen nationals can indicate their identity.

The USCIS has also updated the "Handbook for Employers - Instructions for Completing Form I-9" to reflect the new requirements of the revised I-9 form. The updated version of the handbook is available at http://www.uscis.gov/files/nativedocuments/m-274.pdf.

If you have any questions about the revised Form I-9, the Employment Eligibility Verification process, or the E-Verify program, or would like assistance with I-9 compliance, please do not hesitate to contact us at the following offices. We welcome the opportunity to discuss the revised I-9 form or any other Labor & Employment law issues.

St. Louis (314-863-7733 or 800-862-6869)
Kansas City (816-474-8100 or 800-526-6529)
Overland Park (913-345-8100 or 800-526-6529)
Omaha (402-965-8600 or 866-728-7826)

About the Author

Kellie Garrett, Associate

FMLA regulations for Midwest Contractors have different meaning if you are doing business in California

I have been publishing information for you on the recent changes to the FMLA. But as far as California is concerned which has its own California Family Rights Act ............... and arecent article by Tracy Cahill, Esq. and Veronica von Grabow, Esq. indicated in California you must reconcile the new revisions to the FMLA with California Fair Employment and Housing Commission regulation....as the later will be revising its regulations and the new regulations may NOT comply with FMLA regulations.

California also has its own military leave act, and its own health care act...so if you have workers in California, you might determine how their laws impact your business operations in California!

California has their own way of doing things..............................

Labor bills impact the opening session of Congress

Bills to help women fight pay discrimination were introduced. But as to the Employee Free Choice Act, the Kansas City Star reported: "Both labor groups and the business groups who vehemently oppose it say the Employee Free Choice Act could tip the balance of power in labor efforts to organize workplaces.
Business groups say it is an affront to democratic principles. Unions say companies have used secret ballots to intimidate pro-union workers and that the bill could help reverse the downward trend in union membership."

Friday, Jan 9, 2009
www.kansascity.com | 01/08/2009 | Democrats begin new session with labor bills Page 1 of 2
http://

What did the Missouri Court not modify a non-compete agreement?

Our reporter Dave Kight notes: "The Missouri Court of Appeals for the Southern District has recently ruled in Payroll Advance vs. Barbara Yates that if a court deems a non-compete agreement overly broad, the court is not required to modify it to be enforceable.  The employer, on appeal, advanced an argument that if the Court felt that the non-compete was overly broad, it had an affirmative obligation to modify and enforce the agreement where reasonable.   The Court of Appeals has rejected this theory.  "We are not convinced . . . that a trial court is compelled to take action to modify an agreement it finds broader than necessary."   Particularly damaging for the employer was the note by the Court of Appeals that the employer failed to request a modification of the agreement if overly broad in its complaint, failed to request modification at trial, and failed to do so in its motion for new trial."

 

Summary: Do not assume that if you have a provision is too broad that it will be reformed by a court in Missouri. If the provision is too broad, ask for it to be revised up front in your pleading!

Can you fire an employee if they tell a co-employee they will be calling in sick?

Short answer: NO at least not in Missouri...calling in sick was not misconduct because the employee was terminated BEFORE her shift was to begin and therefore, she never failed to show up for the shift. The ruling : the employee was not disqualified from receiving benefits. Cheryl Wilson, Appellant v. Q Stop III and Division of Employment Security, Respondents.

NEW AMENDMENTS TO ADA IMPACT MIDWEST CONTRACTORS

On September 17, 2008, Congress amended the ADA and significantly expanded its coverage. The ADAAA will become effective on January 1, 2009. Employers are likely to experience an increase in workplace disability issues and accommodation requests as a result of it.

Missouri Prevailing Wage Act

In a recent case of significance, the Missouri Court of Appeals rule that Fru-Con Construction Company had to take a case to the Court of Appeals to reverse a finding of double the fines and penalties on failing to pay the correct prevailing wage rate regarding fringe benefits.

While Fru-Con won, it is a testament to the necessity to closely and carefully review the law...unfortunately no employer likes to pay extensive attorneys fees just to prove you are in compliance.

Time for a prevailing wage "check-up"!

Employment litigation

An arbitration agreement with a part-time employer was not applicable in a recent Kansas decision of Anderson v. Dillard's but before you get real interested in the case, you will need to look at the facts. My reading suggests the case rests heavily on facts, so my guess is a arbitration agreement even with a part-time employee would be enforced.

Immigration Law notes

As a precursor to our teleseminar on Wednesday outlining the recent changes in immigration laws I have this offering.... New English-as-a-Second-Language Tool will Improve Safety and Communication in Building Industry
HBI, NAHB and Lowe’s Unveil Sed de Saber™-Construction Edition at the International Builders’ Show

February 8, 2007 - A new self-paced learning program is now available to help the home building industry’s 2.5 million Hispanic workers learn English.  Sed de Saber™-Construction Edition, sponsored by Lowe’s, was custom-created by the Home Builders Institute (HBI), the workforce development arm of the National Association of Home Builders (NAHB), to address job site communication challenges presented by the language barrier. Sed de Saber™-Construction Edition uses a seven-book, fully interactive curriculum to teach Spanish-speaking workers a functional level of English language conversation and comprehension. It runs on LeapFrog Quantum Pad™ technology, enabling users to record, play back, and compare their pronunciation to that of the words and phrases they are learning. The complete curriculum teaches sentence structure, 500 vocabulary words and 340 phrases, covering basic life skills such as following driving directions, as well as detailed job-site scenarios, tools, equipment and scheduling. To address safety-related issues because of the language barrier, the program’s seventh book focuses entirely on safety practices, mirroring the NAHB/OSHA Job Site Safety Handbook protocols. “Sed de Saber™-Construction Edition is an opportunity for builders to take a leadership role as it relates to a critical workforce issue for our industry,” said Mike Sivage, immediate past chairman for HBI and a leading force behind the effort. “Empowering workers to learn English can impact safety, communication and quality, as well as boost loyalty, recruitment and morale.” The program allows workers to practice on their own time, at their own pace and in the comfort and privacy of their own home. Each learning system comes with a pre-, mid- and post-program skills assessment, so builders can evaluate their employees’ progress. Workers who follow the study guidelines of 30 minutes each day will complete the program in four months. “What’s so unique about this program is that it helps us give back to builders in a way that can positively affect the way they do business,” said Mike Horn, vice president of commercial sales at Lowe’s. “Yes, it’s about overcoming language barriers -- but for Lowe’s, it’s also about enhancing our commitment to our customers and becoming the valued partner we know they deserve.” In December 2006, HBI and Retention Education initiated a five-week pilot program of book one of Sed de Saber™-Construction Edition in Washington, Seattle, Indianapolis and Las Vegas. Eighty two participants completed book one with an average English language proficiency score improvement of 40 percent. “Using the program on job sites resulted in an increase in productivity and efficiency," said Oliver Prock of Rehabitat Northwest, a Seattle-based home builder. “Our employees were able to work better as a team due to the decreased language barrier.” Developed by a team of superintendents, trade skills experts, builders and remodelers, Sed de Saber™-Construction Edition meets government learning standards set forth by the Department of Education and the Department of Labor. Sed de Saber™-Construction Edition will be available for sale and delivery March 1, 2007. The system includes one Quantum LeapPad™ Plus Microphone, seven books with cartridges, headset, power adapter, carrying case and pre-, mid- and post-skills assessments. The system retails for $395 for NAHB members and $495 for non-members. Lowe’s customers can order the kit with a $40 discount through the LowesForPros.com Web site. Additional skills assessment packages can be purchased for $75 each.

Employees

Help me here.....a New York court in Pineda v. Kel-Tech Construction, Inc. ruled that an undocumented worker making a claim for unpaid wages can continue with his suit even thought he used fraudulent documentation to obtain employment.

What happened to the "clean hands" doctrine? Does this seem patently unfair?