As of August 1, 2023, the United States Citizenship and Immigration Services (“USCIS”) began accepting the new Form I-9, superseding the previous version revised in 2019.
Until October 31, 2023, either the old Form I-9 or the new Form I-9 will be accepted. After October 31, 2023, only the new Form I-9 will be accepted. Submitting an outdated or incorrect Form I-9 after October 31, 2023 will result in penalties. To avoid these penalties, it is important to become familiar with the new Form I-9 prior to this deadline.
The new Form I-9 updates the technological sophistication and greatly streamlines the entire process. Some highlights include:
On June 27, 2023, the Pregnant Workers Fairness Act (“PWFA”) went into effect. The PWFA is a federal law that requires covered employers (public or private sector employers employing at least 15 employees) to provide a reasonable accommodation to employees and applicants who are pregnant, or have limitations related to pregnancy or childbirth. The law does not replace existing federal, state, or local laws which are more protective of workers affected by pregnancy, childbirth, and related medical conditions.
Artificial Intelligence (AI) is a rapidly evolving and constantly shifting landscape, especially for employers desiring to streamline employment decisions. AI allows an employer to streamline the decision-making process, such as screening candidates for interviews based on job-related qualifications, monitoring job performance, and determining pay or promotions. When used properly, AI can save a company time and money. When used improperly, it may cause the company to violate federal law. Although, currently, there are no federal laws specifically governing AI usage, employers who use AI in business decisions may still be liable under existing federal laws. The Equal Employment Opportunity Commission (EEOC) has published several technical assistance documents providing guidelines for employers to implement AI in compliance with Title VII and the ADA. (See: https://www.eeoc.gov/)
On May 17, 2023, the United States Department of Labor (“USDOL”) published new guidelines for employers in order to ensure compliance with the Providing Urgent Maternal Protections for Nursing Mothers Act (“PUMP Act”). The PUMP Act amends the Fair Labor Standards Act (“FLSA”) to require an employer to provide a reasonable break each time an employee has the need to express breast milk at work for one (1) year after the birth of her child. Because the PUMP Act amended the FLSA, there is a new required FLSA poster, here, which should be promptly posted in your workplace.
If you have any questions regarding the updated FLSA poster, or the requirements of the PUMP Act, please contact HR Partners at 785-233-7860.
On October 19, 2022, the U.S. Equal Employment Opportunity Commission (EEOC) released a poster replacing its old “EEO is the Law” poster with a new “Know Your Rights” poster. The EEOC reiterates that covered employers are required by federal law to “prominently display the poster at their work sites” which serves to inform individuals of their legal rights against discrimination at work or in applying for a job.