News

Employment Law Updates – July 2017

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In this update we address the recent publication of a new I-9 form and revised wage orders.


NEW_I-9_FORM

USCIS PUBLISHES NEW I-9 FORM

The US Citizenship & Immigration Service (USCIS) released a revised version of Form I-9, Employment Eligibility Verification, on July 17.

Employers can use this revised version, or continue using Form I-9 with a revision date of “11/14/16 N” through Sept. 17. As of September 18, 2017 employers must use the revised form with a revision date of “07/17/17 N”. Employers must continue following existing storage and retention rules for any previously completed Form I-9.

What Has Changed?

 Primary Revisions Related to the List of Acceptable Documents on Form I-9:

  • All List C documents except the Social Security card. For example, the employment authorization document issued by the Department of Homeland Security on List C will change from List C #8 to List C #7.
  • The Consular Report of Birth Abroad (Form FS-240) has been added to List C. Employers completing Form I-9 on a computer will be able to select Form FS-240 from the drop-down menus available in List C of Section 2 and Section 3. E-Verify users will also be able to select Form FS-240 when creating a case for an employee who has presented this document for Form I-9.
  • All the certifications of report of birth issued by the Department of State (Form FS-545, Form DS-1350 and Form FS-240) were combined into selection C#2 in List C.
Revisions to the Form I-9 instructions:
  • The words “the end of” was removed from the phrase “the first day of employment.”

These changes have been included in a revised Handbook for Employers: Guidance for Completing Form I-9 (M-274), which is also easier for users to navigate.

Click here for the Handbook.

To download a copy of the new form and to review other information posted by the USCIS click here.
Click here for a copy of the new I-9 form.
Click here for a copy of the new I-9 instructions.

 
WAGE ORDERS UPDATED

The Department of Industrial Relations (“DIR”) recently updated most of the 17 Wage Orders to reflect the 2017 and 2018 increases in the state minimum wage and the corresponding increase in meal and lodging credits.

Every employer in California is required to have the Wage Orders posted in a conspicuous place which is available for all employees to see.   Employers should be sure that they have the updated and correct poster for your business.

The updated Wage Orders (which still are called Wage Order 1-2001) include Wage Orders 1 through 13, 15 and 16 and have a revision date of “12/2016”, which date can be found on the bottom of the cover page. (Wage Orders 14 and 17 have not been updated at this time.)

 

The DIR amended sections 4(A) and 10(C) in Wage Orders 1 through 15, and sections 4(A) and 9(C) in Wage Order 16 and show the state minimum wage for 2017 and 2018:

  • Employers with 26 or more employees:
    • $10.50 per hour on January 1, 2017.
    • $11 per hour on January 1, 2018.
  • Employers with 25 or fewer employees:
    • $10 per hour on January 1, 2017.
    • $10.50 per hour on January 1, 2018.

Employers can determine which is the applicable Wage Order by checking the DIR’s tool called “Which IWC Order Classifications” which can be found by clicking here.