According to a number of early February 2010 news reports, the Obama Administration is considering new wages and benefits rules that would affect contractors’ opportunities to receive federal contracts.

“Positive weight in the source selection process is given to bidders based on the labor standards of their entire workforce,” states an administration document.

The standards would be measured by “whether the bidder pays a livable wage and provides quality, affordable health insurance; an employer-funded retirement plan; and paid sick days.”

Some have named this the “High Road Contracting Policy,” and claim it “will improve the service that the government receives and save taxpayer dollars because better wages will lead to higher productivity and product quality.”

Contractors would be required to adhere to wage standards greater than the current law. Supporters state that American workers (approximately two million worked on federal contracts in 2006) will experience an increase in the quality of their jobs. Read the rest of this entry

According to a recent press release, Senator Dick Durbin (D-IL) and Representative John Conyers (D-MI) have introduced legislation that would create a fairer environment for employees in wage and benefits disputes.

Named the Protecting Employees and Retirees in Business Bankruptcies Act (S. 3033, H.R. 4677), the legislation would “ensure that back pay awarded through [the Worker Adjustment and Retraining Notification (WARN) Act] damages would be given priority in the bankruptcy claims process.”

The Act would also limit bonuses that could be distributed when a company becomes bankrupt.

The U.S. Citizenship and Immigration Services (USCIS) finally revised the I-9 employment verification form and the Handbook for Employers.

It is required that all employers complete an I-9 form for all employees within the first three days of employment. The new I-9 reduces the number of documents an employee may present to prove employment eligibility in the United States.

Five List A documents, which prove both identity and employment eligibility, were eliminated and can no longer be accepted by employers:

• Certificate of U.S. Citizenship (Form N-560 or N-570);
• Certificate of Naturalization (Form N-550 or N-570);
• Alien Registration Receipt Card (Form I-151);
• Unexpired Reentry Permit (Form I-327); and
• Unexpired Refugee Travel Document (Form I-571).

Form I-766, the Employment Authorization Document, was added to List A.

A major change is in the instructions for Section 1 that the employee is required to fill out. The worker is no longer required to provide their Social Security number unless the employer participates in the USCIS Electronic Employment Eligibility Verification Program (E-Verify).

All previous versions of the I-9 form and Handbook for Employers are no longer valid and should not be used.

Employers must use the amended Form I-9, dated June 5, 2007, for all individuals hired on or after November 7, 2007. However, USCIS recognizes that employers should be afforded a period of time to transition to the amended Form I-9. The Department of Homeland Security will publish a Notice in the Federal Register announcing that it will not seek penalties against an employer for using a previous version of the Form I-9 during a 30-day transition period that begins on date of publication of the Notice.

After the transition period, employers who fail to use Form I-9 (Rev. 06/05/07)N may be subject to all applicable penalties. Employers do not need to complete new forms for existing employees, but must use the new forms for new hires or if an employee is required to re-verify employment eligibility.

The new I-9 form and the revised Handbook for Employers are available online at www.uscis.gov. Purchasers of Your Employee Handbook have already been sent the updated form and manual; future purchasers will receive it in their download package.

The U.S. Department of Labor has published regulations interpreting the law that protects employment and reemployment rights and benefits of service members upon their return to civilian life. This is the first time since its passage in 1994 that the DOL has developed regulations to explain and clarify the Uniformed Services Employment and Reemployment Act (USERRA).

Read the rest of this entry

The U.S. Citizenship and Immigration Service has revised Form I-9, Employee Eligibility Verification. Employers must verify the employment eligibility and identity documents of their employees. Old editions of this form were made obsolete on 12/31/05.

Click HERE to learn more about the revised form . DOWNLOAD Form I-9 from the official U.S. government web site. You can also download it HERE at no charge (PDF file will open on your computer — you need Adobe Acrobat Reader to use this file).

The U.S. Department of Labor (DOL) has announced its new Compliance Assistance Web Portal, designed to help regulated businesses understand and comply with federal employment laws and regulations administered by DOL.

Read the rest of this entry