Monday, March 11, 2013

Springing Forward Without Breaking Law…

*By Michele L. Jakubs

Daylight savings time began yesterday, March 10th, with clocks “springing” forward an hour at 2:00 a.m. across the country (not including Arizona, Hawaii, and a few other places that do not observe the practice).  This spring forward resulted in many third shift non-exempt hourly employees “losing” an hour of time if their shift occurred during this time.  Employers need not pay employees for this phantom hour and need not consider it for purposes of overtime calculations under the Fair Labor Standards Act (“FLSA”).

*Michele L. Jakubs, an OSBA Certified Specialist in Labor and Employment Law, has extensive experience in wage and hour compliance and consulting. For more information concerning this time change and its impact on any state/federal wage and hour law, please contact Michele at 216.696.4441 or mlj@zrlaw.com.

Form I-9 Gets Some Serious Work Done

*By Helena Oroz

Form I-9…even if you don’t know much about immigration law, you know that this one-page form is deceptively simple on the surface. Its purpose is relatively simple: it documents that you, as an employer, have verified each new employee’s identity and authorization to work in the United States. Unfortunately, complications often arise due to a variety of factors, among them a lack of understanding of the rules governing I-9 employer obligations and the variety of documents available to establish identify, employment authorization, or both.

The form itself never helped matters. Squished onto one page, a maze of lines and bold-faced smallish font with some boxes thrown in for variety, the old Forms I-9 (all of them), including their accompanying directions, could have used a serious makeover years ago.

Enter Form I-9 (03/08/13)N. Notably, the “Lists of Acceptable Documents” remain the same – only formatting changes were made to the actual text of the “Lists” page. So what’s new?
  • Format
    The form itself is now two pages instead of one, and includes clearer instructions on the form itself. Page one includes just Section 1 for the employee’s information and attestation of their work authorization (as well as the preparer’s or translator’s, if applicable). Page two is solely for the employer: Section 2 for review and verification of the employee’s documents, and Section 3 for reverification and rehires.

  • Layout
    Overall, the form looks cleaner: sections and fields are more readily distinguishable, more room is provided to fill in the information, and even the font got an update.

  • Detailed Instructions
    The old Form I-9 included just over two pages of introductory instructions, set up in columns. The new Form I-9 includes six pages of not just section-by-section, but detailed box-by-box instructions, without columns.

  • New Fields
    The new Form I-9 includes fields for an employee’s email address, telephone number, and foreign passport information (if applicable). Additionally, the previously designated “Maiden Name” box is now “Other Names Used.”
Critics might decry the extra pages (the new Form I-9 with accompanying instructions comes in at nine pages instead of the old five), but a little more clarity during the I-9 process might just be worth the extra paper. Whether you like its new look or not, all employers must use the revised Form I-9 for each new employee hired in the United States beginning May 7, 2013.

The U.S. Citizenship and Immigration Services’ “Handbook for Employers” has also been updated to include information about the revised Form I-9. Go to http://www.uscis.gov/I-9Central for more information and to download the revised Form I-9 and Employer Handbook.

*Helena Oroz regularly counsels employers on employment law compliance, including Form I-9 compliance, auditing, and best practices. For more information about recent changes to the Form I-9 or related questions, please contact Helena (hot@zrlaw.com) at 216.696.4441.