HR Watchdog

USCIS Update on I-9 Employment Eligibility Verification Form Set to Expire June 30, 2009

The U.S. Citizenship and Immigration Services (USCIS) announced today that the Employment Eligibility Verification form I-9 (Rev. 02/02/09) currently on the USCIS Web site will continue to be valid for use beyond June 30, 2009.

USCIS has requested that the Office of Management and Budget (OMB) approve the continued use of the current version of Form I-9. While this request is pending, the Form I-9 (Rev. 02/02/09) will not expire.

USCIS will update Form I-9 when the extension is approved.   Employers will be able to use either the Form I-9 with the new revision date or the Form I-9 with the 02/02/09 revision date at the bottom of the form.

For more information on USCIS and its programs, visit www.uscis.gov.

You can get the I-9 Employment Eligibility Verification form in English and the I-9 Employment Eligibility Verification form in Spanish on HRCalifornia.com as well.

Discrimination is colorblind

The U.S. Supreme Court issued an opinion today stating that a test that determines who will get promoted is not valid if it negatively impacts a particularl group - in this case, white firefighters.

Many may refer to this as "reverse discrimination" but it is important to remember, especially in California, that all of us are in a protected class and if our class is given preferential treatment or is a victim of bias, we are protected. There is no such thing as "reverse discrimination" just discrimination. Your employment practices should:

• Ensure comparable treatment of similarly situated employees.
• If you require testing for hire or promotion, it should not have a disparate impact on any group - if it does you need to reevaluate your testing.
• Don't assume that one group has greater or lesser rights than the next. In this case white firefighters were negatively impacted when the testing stopped. The Supreme Court verified that this is not okay either. 

This entire case will be covered in the July 9, 2009 HR California Extra, if you do not subscribe already to this free newsletter, sign up now!

Are you sitting down?

California wage orders require the following:
(A) All working employees shall be provided with suitable seats when the nature of the work reasonably permits the use of seats.
(B) When employees are not engaged in the active duties of their employment and the nature of the work requires standing, an adequate number of suitable seats shall be placed in reasonable proximity to the work area and employees shall be permitted to use such seats when it does not interfere with the performance of their duties.

Three known current class actions include this as a violation - a costly mistake that will add up for some employers. Make sure you have appropriate legal guidance on this provision!

Employers are required to post a copy of the wage order that applies to their business in a location where employees will see it. If you don't know what wage order applies to you, CalChamber members can use the Wage Order Wizard.

Taxpayer Withholding Changes

The California Franchise Tax Board has announced changes to personal income tax rates and exemption credits for 2009. Read the press release if you wish to provide this information to your employees.