UPDATES:

Implementation of New I-9 Form Delayed by USCIS

The U.S. Citizenship and Immigration Service (USCIS) has delayed implementation of a newly revised I-9 form until April 3rd, 2009. The delay allows the Department of Homeland Security to review the proposed regulations and allows the public additional time to comment. The interim rule, and informational copy of the I-9 form, will be available for viewing and comment at www.regulations.gov. The public commenting period ends March 4, 2009.

OFCCP Reaches New Records in 2008

2008 represented another record setting year for the Office for Federal Contract Compliance Programs (OFCCP), the agency charged with enforcing non-discrimination and affirmative action regulations for government contractors such as Duke University & Health System. OFCCP records were set in terms of the amount of financial remedies obtained, and the number of workers recompensed. In summary, approximately 4,300 reviews resulted in over $67 million collected in back pay and annualized salary and benefits for over 24,000 U.S. employees; 99% of the settlements involved some form of systemic discrimination. These financial remedies represent a 113% increase since fiscal year 2001 and provide further incentive for federal contractors to ensure that their workplace is free from discrimination. For further information please see OFCCP 2008 enforcement updates by clicking here.

Newly Revised I-9 Form (Mandatory Use Beginning February 2, 2009):

A newly revised I-9 form has been issued by the U.S. Citizenship and Immigration Service (USCIS) and all employers are required to use this form beginning on February 2, 2009. The changes in the I-9 form include a stipulation that all presented documents are current (unexpired), eliminates several forms from List A that are no longer issued and have expired, and, at the same time, expands List A by adding two documents. The two new documents added to List A are as follows: 1) a foreign passport that contains a temporary I-551 stamp or temporary printed notation on a machine-readable immigrant visa, and 2) a passport from the Federal States of Micronesia (FSM) and the Republic of Marshall Islands (RMI) with a valid form I-94 or I-94a which reflects an agreement under the Compact of Free Association between the U.S. and FSM or RMI. A copy of the new I-9 form can be found by clicking here or by visiting the Employment Eligibility Verification Page of USCIS. Additional information is printed in the federal register and a question and answer document has also been prepared by the USCIS regarding the impending changes. The new I-9 form contains a revision date of “02/02/09” on the bottom of each page. The expiration date of the form is still 06/30/09.

NEW - Family Leave Changes

The U.S. Department of Labor has issued new regulations under the Family and Medical Leave Act (FMLA) which reflect changes and additions — including expansions to cover military leave — that will impact procedures at Duke.  For more information please go to the Duke HR website. You may also download the revised FMLA poster to post on your employee bulletin board.

New EEOC Guidance on Religious Discrimination

The Equal Employment Opportunity Commission (EEOC) has recently published guidance on religious discrimination in the workplace.  The publications include a comprehensive 97 page manual with key definitions, best practices, and practical examples designed to aid and educate employees, employers, and unions regarding their compliance obligations under Title VII of the Civil Rights Act of 1964. The EEOC has also published brief companion documents entitled, “Questions and Answers: Religious Discrimination in the Workplace” and “Best Practices for Eradicating Religious Discrimination in the Workplace”.  This guidance is given in response to a rising level of religious diversity in the workplace and an associated increase in charges of religious discrimination.  Statistics, covering a ten year period, for these religion-based charges can be viewed here. 

New Leave Rights Covered Under FMLA for Military Families

As a result of the National Defense Authorization Act for fiscal year 2008 (NDAA), the Family Medical Leave Act of 1993 (FMLA) has been amended to include two new leave rights for military families. These new FMLA rights which became effective on January 28th are: 1) a new qualifying reason for leave, and, 2) a new leave entitlement for military caregivers.

1) The new qualifying reason for leave entitles an employee to take up to 12 weeks of leave for a “qualifying exigency” which is due to a spouse, son, daughter, or parent being on active duty, or having been notified of an impending call to active duty, in support of a contingency operation. Although a formal definition of “qualifying exigency” has yet to be published, the Department of Labor encourages everyone to provide this type of leave to all qualifying employees.

2) The new military caregiver leave entitlement applies to an “eligible employee who is the spouse, son, daughter, parent, or next of kin of a covered service member who is recovering from a serious illness or injury sustained in the line of duty on active duty.” This leave provides the employee with up to 26 weeks of leave in “a single 12-month period” to care for the service member.

Further information regarding the changes to FMLA and how they should be administered can be found through the following links provided by the Department of Labor:

Title I of the FMLA, as amended by the National Defense Authorization Act for FY 2008
Compliance Assistance – Family and Medical Leave Act