I-9 Form Expired, But Still in Use
The current version of the I-9 Form expired on March 31. However, according to Citizenship and Immigration Services (USCIS), the current version is still effective. The USCIS says employers should keep using the expired form until the new version is available and in effect.
The USCIS published a second round of changes to the new form on March 28, which now requires a 30-day public comment period.
After the period ends and comments are considered, the USCIS may make further changes, and then the Office of Management and Budget must approve it.
The updated form will be available at www.uscis.gov after it is approved.
We will keep you updated.
OSHA Penalties to Increase
On November 2, 2015, President Obama signed the Bipartisan Budget Act of 2015 into law. Section 701 of the act requires the Occupational Safety and Health Administration, or OSHA, to increase its penalties for violations through an interim final rulemaking no later than August 1, 2016.
It is expected that there will be a one-time “catch up adjustment” sometime this year, which will increase penalties anywhere from 80 to 150%.
Currently, the maximum penalties for violations are: Other-Than-Serious – $7,000; Serious – $7,000; Repeat – $70,000; and Willful – $70,000.
The updated penalties are expected to reflect the current inflation rate, and to continue to keep pace with inflation.
As of now, the new requirements apply only to states under federal OSHA jurisdiction. However, state plan states are expected to follow the federal changes.
OSHA is waiting on the Office of Management and Budget to issue guidance on implementation. We will keep you updated.
EEO-1 Pay Data Proposal Update
The proposed changes to the Employer Information Report, or EEO-1, that would require employers with 100 or more employees to report pay data and hours worked for all employees could be implemented soon. The comment period for the proposal closed on April 1.
The change, as proposed by the Equal Employment Opportunity Commision (EEOC) on February 1st, would require employers with more than 100 employees to report pay data in addition to the information they currently provide on race, ethnicity, sex, and job category.
If the proposed revision is adopted, private employers and federal contractors with over 100 employees would be required to submit data on employees’ W-2 earnings and hours worked.
Federal contractors with 50-99 employees would continue to report on race, ethnicity, and sex by job category, but would not report earnings data; private employers with fewer than 100 employees would continue to be exempt from EEO-1 reporting.
If implemented, employers would be required to submit pay data as of the September 30, 2017 EEO-1 filing deadline.
We will keep you updated.