The Chamber of Commerce reports another delay in the implementation of Federal Acquisition Regulations that require mandatory use of the E-verify system by government contractors. An agreement was reached in the pending litigation for the purpose of allowing the Obama Administration an opportunity to review pending regulatory actions left over from the Bush Administration. The new
New I-9 Forms and Other Changes to Acceptable Documents effective February 2, 2009
The US Citizenship and Immigration Service (“USCIS”) has revised the Form I-9 and acceptable documents issuing the following summary:
The interim final rule narrows the list of acceptable identity documents and further specifies that expired documents are not considered acceptable forms of identification. An expansive document list makes it more difficult for employers to
Title VII’s Antiretaliation Protections can extend to an Employee’s Involvement as a Witness in an Employer’s Internal Investigation
In its decision in Crawford v. Metropolitan Government of Nashville and Davidson City, the United States Supreme Court considered the scope of Title VII protections from retaliation for employees who act as witnesses in an employer’s internal investigation into harassment. The Court held that an employee’s involvement in the employer’s internal investigation constituted opposition to unlawful employment practices when she responded to her employer’s questions in a manner disapproving of accused harasser’s sexually obnoxious behavior toward her. The Court’s decision unfortunately does not create a bright line standard for employers defining the scope of an employee’s involvement in an internal investigation which can trigger protections from retaliation. Employers should tread very carefully in this area.Continue Reading Title VII’s Antiretaliation Protections can extend to an Employee’s Involvement as a Witness in an Employer’s Internal Investigation
Ledbetter Fair Pay Act passed by Senate and awaiting Obama Signature
The Senate passed the Lilly Ledbetter Fair Pay Act of 2009 by a vote of 61 to 36 with both Pennsylvania Senators supporting the legislation. President Obama has previously stated he will sign the law.
The Ledbetter Fair Pay Act redefines the "accrual" of a compensation discrimination claim as follows:
For purposes of
January 21st Carnival of HR
The theme of "change" resonates through today’s carnival posts. Here are the contributions with some great advice and observations about what is confronting Human Resource Professionals for 2009 and beyond:
Ann Bares at Compensation Force posts on Best to Get Base Pay in Order Before Implementing Employee Incentives. She recognizes that employee incentives are a
OFCCP’s Accessible On-Line Application Requirement
Employers that rely on a web-based application and recruiting processes should examine their websites for compliance with the ADA’s employment provisions which require accessibility and accommodation in the hiring process. A recent OFCCP Directive sets forth the agency’s policy on review of employer websites where applications are solicited:
Effective immediately, all compliance evaluations shall
Carnival of HR
The Pennsylvania Labor and Employment Blog is pleased to host the Carnival of HR which will be held on January 21, 2009. The Carnival of HR, started by the Evil HR Lady, features recent posts from the best of the HR and management blogging community. You can participate in two ways:
1. Read: Read
Bad News: Ledbetter Fair Pay Act and Paycheck Fairness Act Pass the House.
Congress has passed The Lilly Ledbetter Fair Pay Act of 2009 (H.R. 11) and The Paycheck Fairness Act (H.R. 12). Anaylsis of the new legislation to come.
The Ledbetter Fair Pay Act is discussed in a prior post on Record Retention Nightmare Created by Ledbetter Fair Pay Act . The Paycheck Fairness
Good News: SHRM reports delay in E-Verify Regulations’ Effective Date until February 20, 2009
SHRM is reporting the delay of E-verify regulations until February 20, 2009. There is no such report on the Homeland Security or Dept of Justice websites. Stay tuned. A previous post discusses the regulations: E-Verify Final Regulations Issued Requiring Government Contractors and Subcontractors to Verify Employment for New and Existing Employees who Perform Contract Work
UPDATE:
ADA Amendments Act Compliance Tips
The ADAAA was effective January 1, 2009 requiring employers to focus their approach to disability accommodation. The Job Accommodation Network (JAN) of the Office of Disability Employment Policy recently published a compliance resource identifying four Practical Tips which can be expanded upon as follows:
Review Job Descriptions, Qualification Standards and Accommodation Procedures
Developing job descriptions is