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Recent DOJ Fact Sheet for Employers Using Commercial Electronic Form I-9 Software
In December 2023, the Department of Justice (DOJ) published a fact sheet that discussed what employers should keep in mind if they use private sector commercial or proprietary software to electronically complete, modify, or retain Form I-9s. Although this document refers to these products collectively as Form I-9 software programs – it also a...
DOT Announces Approval for Oral Fluid Testing, Part 40 Changes (but not yet…)
Effective June 1, 2023, the Department of Transportation (DOT) authorized oral fluid testing for the first time, marking a significant shift away from urine-only drug testing policies. This change provides employers with greater flexibility while affording employees enhanced privacy. The final rule, among other items, amends the DOT’s r...
Remote Examination of I9 Documents Allowed under Proposed DHS Rule
On July 21, 2023, DHS released early a proposed rule (official release coming on July 25) (click here) that will allow an optional alternative for employers to remotely examine Form I-9 documentation. The new DHS alternative authorizes employers enrolled in E-Verify the option to remotely examine their new hires’ identity and employment authoriza...
Florida Clarifies Details Related to new E-verify law
Recently, the Florida Department of Revenue released some important FAQs for the new Florida E-verify law. Click here to review and download the DOR Information sheet. Here are some of the more important new employee eligibility and e-verify questions and answers: Is an employer required to certify the employment eligibility of Florida and non-Flor...
Florida’s New E-Verify Rule Starts July 1, 2023
Currently, employment verification (I9 form) is required by all employers within 3 days of hire to ensure the employee is authorized to work in the United States. E-Verify, an online tool operated by the U.S. Department of Homeland Security, allows employers to electronically verify employment eligibility after having completed the I-9 form. Curren...
PTO Can be Docked from Salaried Employees
Paid time off is a fringe benefit and is not considered part of a worker’s salary ruled a federal appeals court on March 15, 2023. In a case brought by employees (nurses, physical therapists and social workers) at Bayada Home Health Care, the judges concluded that the company can take away paid leave when salaried......
“Highly Compensated Employee” Exemption Requires Payment on a Salary Basis
A highly-paid offshore tool pusher worker sued Helix Energy Solutions because he was not paid overtime. He was considered exempt under the “highly compensated employee” exemption (Wage and Hour law) but was paid on a day rate, not a salary. In late February, the Supreme Court decided that the worker must be paid overtime because......
OSHA Form 300A Posting Starts February 1 and Electronic Submission is due by March 2
Covered employers (having more than 10 employees at any point in 2022) are required to post the Occupational Safety and Health Administration (OSHA) Form 300A (Summary of Injuries) from February 1 through April 30 unless their industry qualifies as an exempt low-risk industry. The employee count is based on the number of employees in the......
Salary Reduction for an Exempt Employee: What are the rules?
At Consultstu, this is probably the most common question we receive from employers. The federal Department of Labor (and the Fair Labor Standards Act) states that exempt employees must be paid a fixed salary that cannot be reduced based on the quality and quantity of the employee’s work. To qualify for an exemption, employees must......
New 2022 EEO “Know Your Rights” Poster Free to Download
On October 20, 2022, the U.S. Equal Employment Opportunity Commission (EEOC) quietly released a new final “Know Your Rights: Workplace Discrimination is Illegal” poster. Click here. The poster summarizes the EEO laws and explains how employees or applicants can file a complaint if they believe that they have experienced discrimination. The new ...
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