|
|
Workforce Tip Of The Month
| January 2010 |
|
Employers’ Council of Iowa Seminar
Date: January 27, 2009
Time: 7:30-Breakfast Brunch
8:00-9:30 -
Program
Location: Botanical Center-Oak Room
909 East River Dr.
Des Moines, Iowa 50316
A
renewed enforcement emphasis by federal and state regulators
requires that employers take a closer look at their job
classifications. Getting the classification correct is critical for
tax, wage, unemployment, workers’ compensation, and other employment
issues.
Please join us for a free seminar presented by Emily Chafa,
employment attorney on January 27, 7:30 A.M. at the Botanical
Center. Please RSVP by January 22,
2010 with Gloria Cano, (515) 281-9649.
|
| November 2009 |
|
New Federal GINA
Law Takes Effect November 21, 2009, Includes Workplace Poster Change
On November 21,
2009, a new federal law titled the “Genetic Information
Nondiscrimination Act” (GINA) will go into effect. Title II of the
new law signed on May 21, 2008, prohibits the intentional collection
of genetic information about job applicants and employees, and use
of genetic information in employment decisions. According to the
EEOC, “genetic information” includes, for example, information about
an individual’s genetic tests, genetic tests of a family member, and
family medical history. Genetic information does not include
information about the sex or age of an individual or an individual’s
family member, or information that an individual currently has a
disease or disorder. Title I of the law also includes strict
confidentiality requirements for handling of genetic information.
Title I of GINA
amends portions of the Employee Retirement Income Security Act (ERISA),
the Public Health Service Act, and the Internal Revenue Code, and
addresses the use of genetic information in health insurance.
Additional information on this aspect of GINA is available at the
following link: http://www.eeoc.gov/policy/docs/qanda_geneticinfo.html.
Lastly, another
portion of the GINA law amends the Fair Labor Standards Act (FLSA)
to allow the federal Department of Labor to assess penalties of up
to $50,000 for each child labor violation that causes the death or
serious injury of a minor. Such penalties may be doubled up to
$100,000 each if the violation is found to be repeated or willful.
The EEOC is
providing an update to its mandatory “EEO is the Law” workplace
poster to reflect the new GINA law. The EEOC provides a
supplement to its federal “EEO is the Law” poster available at the
link below. Employers may simply print off the supplement and place
it near their current “EEO is the Law” poster which is part of the
large, free workplace poster distributed by Iowa Workforce
Development.
IWD updated its
large, free workplace poster about a year ago after changes were
made to the federal Family and Medical Leave Act and Americans With
Disabilities Act. The agency is awaiting any additional law changes
before deciding whether to reprint the poster again. A decision is
anticipated in the summer of 2010.
|
| October 2009 |
|
Independent
Contractor or Employee: Get Your Classification Right!
Misclassification of workers
as “independent contractors” rather than “employees,” is a growing
problem in Iowa and across the nation. Iowa employers must report
employee wages to Iowa Workforce Development’s Unemployment
Division. They must report wages to the Iowa Department of Revenue
for withholding income taxes. When employers misclassify workers,
they avoid paying these taxes. They might fail to provide workers
compensation coverage to their workers. They may fail to follow
wage, contractor registration, or other employment and labor laws.
As a result, employers who misclassify workers could pay significant
penalties and fines.
The Iowa Legislature
provided special funding for extra help to protect workers,
businesses, and taxpayers. A Misclassification Unit within IWD’s UI
Division will focus on this issue. A webpage provides general
information, FAQs and contact information for reporting businesses
that appear to misclassify workers:
http://www.iowaworkforce.org/misclassification/. Contact the
Misclassification Unit by telephone at (515) 281-5387 or (800)
JOB-IOWA (800-562-4692), or email at
Misclassification@iwd.iowa.gov, or by regular mail at
Misclassification Unit, Iowa Workforce Development, 1000 East Grand
Avenue, Des Moines, IA 50319. Please contact the Misclassification
Unit to arrange an educational presentation on this topic.
Please join us in Des Moines
for an informational seminar December 8, 2009, 7:30 to 9:00 AM.
Details to follow.
|
| April 2009 |
|
USCIS Reminds all U.S. Employers of
Requirements to Use Revised Form I-9, Employment
Eligibility Verification
U.S. Citizenship and
Immigration Services (USCIS) issued a reminder that the revised Form
I-9,
Employment Eligibility Verification
(Rev. 02/02/09), goes into
effect April 3, 2009 for all U.S.
employers. The revision date
is printed on the lower right-hand corner of the form.
The interim final rule, published
Dec.17, 2008 in the
Federal Register, revised the list of documents acceptable
for the Employment Eligibility Verification (Form I-9) process.
Employers may no longer use previous versions of the Form
I-9.
The revised list improves the security and effectiveness of the Form
I-9 process. The list specifies that expired documents are no longer
acceptable forms of identification or employment authorization.
Allowing for expired documents makes it more difficult for employers
to verify an employee’s identity and employment authorization and
compromises the Form I-9 process.
USCIS also updated the
Handbook for Employers – Instructions for Completing Form I-9
to reflect the requirements of the revised Form I-9.
For more information on USCIS
and its programs, or to obtain the revised Form I-9 and handbook,
visit
www.uscis.gov. Employers who do not have computer access can
order Forms I-9 by calling the toll-free forms line at
1-800-870-3676.
USCIS forms and information on
immigration laws, regulations, and procedures can also be requested
by calling the National Customer Service Center toll-free at
1-800-375-5283.
|
| February 2009 |
|
2009
Required Labor Posters Are Here!
They’re here!
The revised 2009 required labor posters are now available from Iowa
Workforce Development at no cost.
The revised
posters contain updated information regarding the Family and Medical
Leave Act and changes made to the Iowa Civil Rights Act over the
past several years. Both Federal and State of Iowa requirements are
contained on the poster. You can pick the posters up at the nearest
Iowa Workforce Center,
going to
http://www.iowaworkforce.org/, e-mail your requests to
,
or
call (515) 242-5985.
|
| November 2008 |
|
New FMLA
Regulations Released by U.S. Department of Labor
On
November 17, 2008, the Department of Labor (DOL) published its final
rule to implement the first-ever amendments to the Family and
Medical Leave Act (FMLA), signed into law by President Bush in
January 2008, which provide new military family leave entitlements
and to update the regulations under the 15 year-old FMLA. The final
rule will improve communication between employees, employers, and
health care providers to make the law operate more smoothly, and
provide needed clarity for both workers and employers about their
responsibilities and rights under the FMLA leave. The Final Rule
does not reduce the law’s coverage for workers who need FMLA leave.
Updating and clarifying the regulations will reduce uncertainty and
provide greater predictability in the workplace for everyone.
If the new Administration
does not alter the revised FMLA regulations, IWD will make revisions
to the 7-1 poster likely later in the year. We will send
notification to you when the revised poster is available via the
Workforce Tip of the Month.
|
| October 2008 |
|
Changes to the
Americans with Disabilities Act and How It Effects Employers
“Despite some significant changes, it's likely that most businesses
won't feel much of an impact - financial or otherwise”, says Michael
Eastman, Executive Director of Labor Policy for the U. S. Chamber of
Commerce. “It still allows employers to define the essential
functions of a position, and it doesn't change the fact that an
individual still needs to be qualified to do a job. It also doesn't
change any requirements involving what employers have to do to
provide reasonable accommodations to a disabled employee”. “The
amendment is a win-win for businesses and those with disabilities”,
said Michael Layman, manager of labor and employment for the Society
for Human Resource Management. “Passage of the legislation also is
"a big moment" in employment law, marking the first landmark change
since the ADA was passed in 1990”. The ADA Amendments Act has been
signed into law and becomes effective January 1, 2009.
Title I of the
Americans with Disabilities Act (ADA)
prohibits private sector employers, state and local governments,
employment agencies, and labor organizations that employ 15 or more
individuals from discriminating against qualified individuals with
disabilities in all aspects of employment.
In general, the employment provisions of the ADA require:
-
equal
opportunity in job application procedures, testing,
hiring,
firing, and job training of qualified applicants with
disabilities;
-
job accommodation
for applicants and workers with disabilities when such
accommodations would not impose "undue hardship;" and
-
equal
opportunity in promotion and benefits.
The ADA Amendments Act
has several significant changes, including changes to the definition
of the term "disability," a more extensive list of the tasks that
constitute “major life activities, and defines the requirements of
“regarded as having an impairment.” The EEOC will be evaluating the
impact of these changes on its enforcement guidance’s and other
publications addressing the ADA.
To start preparing for
the changes HR professionals and employers should consider the
following:
- Read up on the
changes
- Scrutinize
existing policies and procedures
- Review and update
employee handbooks and policies
- Provide training
to employees and supervisors
For additional
information on the ADA Amendment Act of 2008 please go to the EEOC’s
website:
http://www.eeoc.gov/ada/amendments_notice.html or
www.ada.gov
|
| September 2008 |
|
New Iowa
Identify Theft Law Requires Notification for Lost Information
A new Iowa law requires
businesses to provide notice to employees and/or consumers whose
personal information, such as name, address and social security
number, was lost via a security breach. The new law went into
effect July 1, 2008.
The law requires that “any
person who owns or licenses computerized data that includes a
consumer’s personal information,” or “any person who maintains or
otherwise possesses personal information that includes a consumer’s
personal information,” shall notify the consumer or “owner” of that
information following discovery of a breach of security. “Personal
information” is defined to include an individual’s first name or
first initial and last name in combination with any one or more of
the following: social security number, driver’s license number,
financial account number, or other identifying information.
The new law requires such
notification be made in the “most expeditious manner possible and
without reasonable delay.” There may be exceptions to the
notification requirements depending on input from law enforcement
agencies. Iowa joins purportedly 40 other states with such
notification laws.
A copy of the new law,
contained in Senate File 2308 can be found at:
http://coolice.legis.state.ia.us/Cool-ICE/default.asp?category=BillInfo&service=Billbook&ga=82&hbill=SF2308&menu=text.
|
| June 2008 |
|
Required Workplace Posters, Iowa’s
Smokefree Air Act Updates and
Iowa Wage Law Change:
Mailing Paychecks
IWD 7-in-1
Workplace Law Posters
The Iowa Civil Rights Act was amended this legislative session to
give individuals 300 days from the alleged discriminatory act to
file a claim with the Iowa Civil Rights Commission. The change takes
effect July 1, 2008. Under the old law, a complaint must be filed
within 180 days of the alleged discriminatory act. If you go to the
IWD large, free 7-in-1 poster, you will see on the left side a
“small poster” called “Equal Employment Opportunity is the law.”
Right below it is a sub-heading called “Iowa Civil Rights Act.” The
last sentence of that mini-poster states, “Your complaint must be
filed within 180 days of the discriminatory act.” The sentence
is in bold type. The Iowa Civil Rights Commission has informed IWD
that it is okay for employers to cross out “180” and replace it with
“300,” so workers are aware of the change in the Iowa law. The Iowa
Civil Rights Commission and IWD will change all electronic versions
of the smaller poster on the respective web sites. IWD will make the
change on all 7-in-1 posters that remain in its offices and
inventory for distribution.
Because
federal labor officials have indicated that it is likely there will
be changes to the federal Family Medical Leave Act (FMLA) in the
fall, IWD has decided to wait to make new posters reflecting all
these changes to the 7-in-1 poster later in the year. Federal labor
officials indicate that their new FMLA poster will include the new
extended FMLA leave related to military personnel.
Iowa
Smokefree Air Act Signs
The Iowa Smokefree Air
Act goes into effect July 1, 2008. Attached here is a link to the
Department of Public Health’s website,
http://www.iowasmokefreeair.gov/ that provides a free mandatory
“no smoking” sign. Public Health officials state that the “no
smoking” signs must be posted at every entrance to a public place
and place of employment where smoking is not allowed. The website
also contains helpful “Frequently Asked Questions and Answers” and
other information.
Iowa Wage
Law Change: Mailing Paychecks
There will be a change
in Iowa’s Wage Payment Collection Law effective July 1, 2008,
related to the mailing of paychecks. The amended law requires that
an employer have a written request from an employee before
wages can be sent to an employee by mail. The amended law only
applies to the mailing of actual paychecks. It does not apply
to the mailing of pay stub information. It does not affect the
previously passed direct deposit law.
The purpose of
the revised law, passed by the Iowa Legislature this spring and
signed by Governor Culver, is to ensure that employees receive wages
in a timely fashion. The law also makes an employer liable for any
bank overdraft charges assessed an employee if the employer fails to
pay an employee’s wages on or by a regularly scheduled payday. Go to
Iowa Workforce Development’s Division of Labor Wage web page (http://www.iowaworkforce.org/labor/wage.htm)
for more information on the paycheck mailing law.
|
Search | Site Map
Iowa Workforce Development Region 11
E-mail:
|