Changes on the job
By Register Staff
While federal regulations have granted employers a reprieve from the "No Match" law aimed at cracking down on false employment identification and undocumented workers, myriad changes will affect employers in 2008.
These labor law changes were on the minds of local employers at the recent Napa Chamber of commerce Labor Law Update conference at Silverado Resort. Forty-nine employers attended, from sole proprietors to businesses with more than 50 employees.
Hosted by Rick Rybicki of local law firm Dickenson, Peatman and Fogarty, the seminar covered new and expanded employment regulations effective in 2008.
Some of the new laws affect almost all employers, wrote Rybicki. The state minimum wage for most employees increases to $8 per hour for 2008, more than $2 above the federal minimum.
"I know about a lot of (the new laws) but it's nice to hear from an expert," said Kelli Sordello, director of human resources for Elypsis Inc., a software provider in Napa.
Attendee Lauri Law of Alkar Human Resources came to hear about how to report employee identification information. "I want to make sure I'm not missing anything," she said.
Though the "No Match" rule is on hold, the Department of Homeland Security has issued a revised I-9 form to be used for all new hires.
"Its release signals heightened federal immigration enforcement," writes Rybicki. "Employers should utilize the new form immediately, refer to the new instructions for its use, and ensure that their I-9 recordkeeping for all employees complies with current federal law."
Rybicki said one frequent question has to do with how employees handle name changes and employment verification questions. "It's a confusing subject right now," said Rybicki. "Employers are second-guessing themselves on whether they're reporting information to various government agencies properly."
Effective Jan. 1, employers may no longer use employees' full Social Security numbers for most purposes -- instead using the last four digits or a separate identification number -- unless specifically required by law, wrote Rybicki.
Existing uses of the full number are allowed but require annual notice to employees, who may request that their full Social Security number not be used.
"People were interested in what the government might do in the future to help them with employer verification," said Rybicki.
Another change requires most employers to notify workers that they may qualify for the federal Earned Income Credit, Rybicki explained. This notification must be sent with a worker's W-2 or 1099 form. Employers must also provide revised Paid Family Leave and state Disability Insurance forms.
"These changes affect some of employers' most basic recordkeeping and notice practices; employers should consider auditing their payroll and human resources practices to see whether information is maintained and communicated appropriately under the new rules," wrote Rybicki.
Paul Hicks, VP of Payroll Masters, has to stay ahead of the curve on the new laws and regulations coming down the pike so as to protect his clients from potential liability. Hicks said he would "do one of these (seminars) a quarter" if it was offered.
Finally, some new laws apply only to employers with a minimum number of employees. Employers with 25 or more employees, for example, must permit spouses and domestic partners to take up to 10 days of unpaid leave during their significant other's leave from active military duty. Employers with 50 or more employees, who must provide annual sexual harassment prevention training to all supervisors, now face additional Fair Employment and Housing Commission regulations governing the substance and timing of the training, wrote Rybicki.
Robert Cabrera is the general manager of Downtown Joe's, where a growing number of employees has tipped the employer into some new regulatory categories, found the Labor Law Update critical for clearing up the "gray area" behind many labor laws. "The workshop helps me stay in compliance with current law, and to get ahead of the curve with the coming changes."
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