Employers’ Council of Iowa Seminar

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.

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.

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.

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.

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.

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.

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

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.

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.