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Four New Forms Are Required, But One Is Rejected

June 2013
David Serritella

The U.S. government has created more paperwork for employers, but one controversial poster was rejected by the courts.

  1. New I-9 Employment Eligibility Verification Form Required. Employers must use the new Form I-9 or face penalties from the U.S. Immigration and Customs Enforcement (ICE) and the Department of Justice. Employers are required to use the new Form I-9 in order to comply with their employment eligibility verification responsibilities. Employers that use outside vendors to process with the I-9 Forms should make sure they are using the correct form. The new Form I-9 may be accessed online here.
  2. New form required for background checks on prospective employees. As of January 1, 2013, the federal government issued a new version of the form required to comply with the Fair Credit Reporting Act ("FCRA"). An employer must provide the new form to any applicant when the employer uses a third-party consumer reporting agency to conduct background checks. The Consumer Financial Protection Bureau is now responsible for enforcement of the FCRA. Employers should expect more vigorous FCRA enforcement efforts and FCRA class actions. The new FCRA form may be accessed online here.
  3. New Family Medical Leave Act ("FMLA") notice, posters and optional use forms have been revised. On March 8, 2013, employers had to post a newly revised FMLA notice poster. Old FMLA posters should be replaced immediately. The U.S. Department of Labor's Wage and Hour Division may assess monetary penalties for non-compliance. Additionally, the DOL revised some FMLA forms and created one new form to reflect recent changes to FMLA. Use of the DOL's forms is optional, but recommended. The new poster may be accessed online here. The new FMLA forms may be accessed online here.
  4. Employers must provide Exchange Notices to employees under the Patient Protection and Affordable Care Act ("PPACA"). As of October 1, 2013, employers covered by the Fair Labor Standards Act will be required to provide notice of newly created health benefit exchanges to their existing employees. For any employee hired on or after October 1, 2013, the notice must be provided as of the employee's start date. Among other things, the notice must describe the services provided by the exchange, explain employees' eligibility for premium tax credits or cost sharing reductions and inform employees that if they purchase coverage through the exchange, they may lose any employer contribution toward the cost of employer-provided coverage. To help employers comply with PPACA, the Department of Labor has created two model exchange notices: one for employers that offer health coverage and one for employers that do not. The model notices may be accessed online here.
  5. NLRB's Proposed "Union Rights" Poster Rejected. A controversial "union-rights" poster proposed by the National Labor Relations Board ("NLRB") was rejected by the federal appellate court for the D.C. Circuit. Under the NLRB's proposed rule, virtually all private-sector employers (whether or not their employees were represented by unions) would have had to prominently post a poster informing employees of their rights to unionize and engage in protected concerted activity. The D.C. Circuit struck down the NLRB's proposed poster, in part, because it infringed on employer free speech rights.

For more information on how these forms may impact employers, please contact David Serritella (312 261 2268, dserritella@pedersenhoupt.com).