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Minimum Wage in NYS is currently $7.25

Avoiding Common Mistakes When Correcting I-9 forms

In 1986, the U.S. Congress passed the Immigration Reform and Control Act (IRCA) and enacted the I-9 employment verification requirement. IRCA was designed to discourage the employment of illegal immigrants and, in so doing, discourage illegal immigration into the United States. The I-9 form is used to verify both the identity of all employees hired after November 6, 1986, and their eligibility to work in the United States.

Often times there are many mistakes made when filling out I-9 forms. Employers tend to make common errors when trying to fix these mistakes only making it worse. It is recommended that employers do internal audits on I-9 compliance.

Here are some common mistakes employers make when trying to correct I-9 forms:

· First and foremost make sure there is a form for every employee.

· Do not use whiteout or black marker;

· Failure to initial/date corrections or correcting things that should not be corrected, such as re-verifying lawful permanent resident cards;

· Backdating or filing in Section 1 or 2 of an incomplete I-9 without initialing and signing the corrections, trying to make it appear that the form was completed properly and dated at the time of hire;

· Failing to have the employee make changes to Section 1, particularly alterations in the immigration status portion;

· Documents recorded in the wrong places;

· Information placed in the wrong box;

· Documents accepted that are not listed as acceptable documents on the back of the I-9;

· The employer’s failure to complete I-9 certification;

· The employee’s failure to complete attestation;

· Missing dates and addresses;

A new I-9 (attached to the original) should be completed in at least three cases:

If the current I-9 is invalid (e.g., there are no signatures or information in Section

If the I-9 is so flawed that it does not make sense (e.g., with photocopies of documents that do not support Section 2 information).

If an employer is put on notice that there might be a substantive violation (e.g., if the employer believes that documents are suspect, or the employer has received a notice of suspect documents from ICE).

COBRA Subsidy End Date

As many of you now know the end date for individuals to receive the COBRA subsidy was May 31^st 2010. Individuals who were involuntarily terminated on or before May 31^st can still receive the subsidy for the length of the term. Any employee involuntarily terminated after May 31^st is no longer eligible for the subsidy. For these employees a COBRA form that does not outline the ARRA provisions can be used.

Fair Credit Reporting Act Amendments effective July 1st

In 2009, several federal agencies, including the Federal Trade Commission, Office of Comptroller of the Currency and the National Credit Union Administration, released rules and guidelines implementing amendments to the Fair Credit Reporting Act (FCRA) regarding the accuracy and integrity of information furnished to consumer reporting agencies. The rules go into effect July 1, 2010.

Under the final rules, data furnishers must establish and implement reasonable policies and procedures regarding the accuracy and integrity of consumer information reported to a consumer reporting agency (CRA). Importantly, a debt collector or asset buyer reporting information regarding consumer debt to CRAs is a data furnisher under the rules.

The final rules focus on two issues. First, the rules require data furnishers to establish and implement reasonable written policies and procedures regarding the accuracy and integrity of consumer information provided to a CRA. This is known as the accuracy and integrity rule. Second, the rules implement a provision of the FCRA that provides consumers with a broad right to directly dispute inaccurate information in their consumer report with the furnisher of the information. This is known as the direct dispute rule.

Data furnishers should be in the process of drafting, reviewing, implementing and enforcing policies and procedures that address the reporting of consumer debt to CRAs and handling disputes received directly from a consumer regarding the reported information.

FMLA to Cover Same-Sex Parents

The U.S. Department of Labor (DOL) on June 22, 2010, clarified the definition of “son and daughter” under the Family and Medical Leave Act (FMLA) to ensure that an employee who assumes the role of caring for a child receives parental rights to family leave regardless of the legal or biological relationship. The DOL interpretation applies to nontraditional families, including unmarried partners and families in the lesbian-gay-bisexual-transgender (LGBT) community.

The FMLA allows workers to take up to 12 weeks of unpaid leave during any 12-month period to care for a child, spouse or parent or for themselves. The law also lets employees take time off for the adoption or the birth of a child. The administrator interpretation issued by Nancy J. Leppink, deputy administrator of the DOL’s Wage and Hour Division, clarifies that these rights extend to the various parenting relationships that exist in today’s world.