This month, there are a number of law changes that could lead to significant headaches and penalties if not followed. Please take a moment to read through this newsletter and make sure you are in compliance. The average reader will read this entire newsletter in 2.6 minutes, so a small investment of time could save you thousands.
Wishing you a happy and safe Independence Day!
Effective July 1, 2023 all private employers with 25 or more employees and public employers in Florida are now required to use the E-Verify system to verify employment eligibility of all new hires. There is no requirement to verify employees who began employment prior to July 1, 2023.
If you are a PayMaster Client, we have the ability to directly connect with E-Verify to simplify the verification process. Contact your payroll specialist for more details.
PayMaster recently held a webinar on all things E-Verify, to watch it or any of our pervious webinars, click here.
COVID-19 brought along new ways to do many things. Some will remain permanent, but others end up being temporary. In the case of the Form I-9, DHS announced flexibility in the employer’s physical inspection of Form I-9 documentation back in March 2020. This was implemented to allow employers to remotely inspect the documents provided by an employee (e.g., over video, email, etc) in an effort to reduce contact. DHS will end this flexibility on July 31, 2023. You must now physically examine, in the employee’s physical presence, the unexpired document(s) the employee presents from the List of Acceptable Documents to complete the Document fields in Section 2.
You must return the original document(s) to the employee, but make photocopies of the document(s) reviewed. Photocopying documents is voluntary unless you participate in E-Verify. E-Verify employers are only required to photocopy certain documents. If you are an E-Verify employer who chooses to photocopy documents other than those you are required to photocopy, you should apply this policy consistently with respect to Form I-9 completion for all employees. For more information on the types of documents that an employer must photocopy if the employer uses E-Verify, visit E-Verify website at everify.gov. For non-E-Verify employers, if photocopies are made, they should be made consistently for ALL new hires and reverified employees.
There is also a due date for any Form I-9 documentation that was not physically inspected during this temporary flexibility. Employers must now perform the in-person physical document inspections by August 30, 2023 and note the original Form I-9 that the physical inspection was made.
As of June 27, 2023, employers with 15 or more employees must provide pregnancy-related accommodations to employees and applicants under the Federal Pregnant Workers Fairness Act (PWFA).
Under this new act, employees are entitled to accommodations for conditions (physical or mental) related to or affected by pregnancy, child birth, or a related medical condition (ex: morning sickness, gestational diabetes, post-partum depression, lactation, etc.)
The PWFA expands the employers obligations beyond what is already required by the Americans with Disabilities Act (ADA); meaning an employee is entitled to these accommodations without their condition rising to the level of disability.
Employers can not require an employee to take leave if a reasonable on-the-job accommodations are available. Employees are also entitled to these accommodations even if they can’t perform their essential job functions on a temporary basis.
There possible accommodations include but not limited to:
- Longer or more frequents breaks
- Modifying a food and/or drink policy
- Providing job restructuring or modifying their work schedule
- Observing limits on lifting or providing light duty
- Providing seating or allowing the employee to sit more frequently if their job requires standing
Please note that many states already have pregnancy accommodation laws, some of which may be more generous than the PWFA. Employers need to apply the law that is most favorable to employees.
Employers should do the following action items:
- Add a pregnancy accommodations policy to your handbook if you don’t already have one
- If you’re subject to a state law that provides similar accommodations, make sure your policy captures the most employee-friendly aspects of the applicable laws
- Ensure that managers are aware of the law and types of accommodations that may be required
Fair Labor Standards Act (FLSA) Minimum Wage
The United States Department of Labor, Wage and Hour Division has updated their Fair Labor Standards Act (FLSA) Minimum Wage notice. The updated notice reflects recent amendments regarding break time for nursing employees. This is a mandatory update.
Family Medical Leave Act (FMLA)
The United States Department of Labor, Wage and Hour Division has updated their Family Medical Leave Act (FMLA) notice. The updated notice reflects a new reformatted style with simplified language making it easier for employees to understand the requirements of the law. This is a recommended update.
If your company uses our Labor Poster Update Service, we have recently sent you an email with links to the two poster supplements that you can print and post on your wall. On our next printing and distribution of the all in one poster, these updates will be included.
Visit our Labor Poster service webpage for details about our services and contact your payroll specialist to sign up.
Holidays will affect both direct deposit and delivering payroll documents via courier (e.g., Fed-Ex). If you’re processing payroll on or around a holiday listed on this page, please work with your payroll specialist to prepare for, and protect against, any potential delays
