The federal government recently announced that it will delay implementation of the new E-Verify rule until February 20, 2009. We previously reported that the new E-Verify rule was set to go into effect on January 15, 2009 (
E-Verify). However, in response to a legal challenge by
business groups,
the federal government has agreed to postpone the effective date of the
new rules requiring federal contractors and subcontractors to use
E-Verify.
The delay resulted from a lawsuit filed by the
U.S. Chamber of Commerce and the
Society of Human Resources Management,
claiming that the mandatory use of E-Verify violates the Illegal
Immigration Reform and Immigrant Responsibility Act. The new
regulation directed federal contractors to use the E-Verify system to
ensure that all new hires and employees working on government projects
are eligible to work in the United States. (For more details,
please see BRGS December 14, 2008 Compliance Matters.)
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NEW WORKPLACE POSTINGS FOR CALIFORNIA EMPLOYERS
There are new mandatory changes to the 2009 Workplace
Posters. In particular, mandatory changes have been made to three
of the notices that all California employers are required to display to
explain workers' rights to employees. They include: (1) New
Federal Family and Medical Leave Act ("FMLA") poster; (2) new Equal Employment Opportunity
(EEO) workplace poster; and (3) the California Employment Development
Department (EDD) notice to employees. All California employers
should post these new posters in a conspicuous place at the workplace.
In addition to the new workplace posters, there
are also new required pamphlets that must be given to employees.
They are: (1) Workers' Compensation Rights & Benefits (required for new hires); (2) State Disability Insurance Pamphlets (required for new hires and employees taking non-work-related disability leave); and (3) Unemployment Insurance pamphlets (required for any employee who becomes unemployed). Be sure to distribute the updated pamphlets.
All of these new posters and pamphlets can be obtained online from the
California Chamber of Commerce, at
www.calbizcentral.com.
Your Firm contact is ready to answer your questions relating to these new developments.