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THE NEW YEAR BRINGS NEW ISSUES FOR EMPLOYERS
2009 brings with it the usual array of new employment-related laws and regulations. In particular, most Oregon employers need to be aware of the following:
Oregon’s Smokefree Workplace Law
Effective January 1, 2009, Oregon’s Smokefree Workplace Law becomes even stronger. Smoking will be prohibited in virtually all public places and workplaces, with very few exceptions. The new law applies to any business that has one or more employees, or is ever open to the public.
Under the new law, smoking is not allowed in any enclosed area, regardless of ventilation. Further, the law prohibits smoking within 10 feet of any entrance, exit, window, or air intake vent.
Employers are obligated to make sure that all employees are informed of the law, and must take steps to prohibit smoking within 10 feet of all entrances, exits, etc. The no smoking signs must be posted at all building entrances and exits. All ashtrays and other receptacles for smoking must be removed.
This new law will be enforced by the Oregon Public Health Division. Non-compliant businesses could incur fines of up to $500 per day, with a maximum of $2,000 in any 30 day period. Further, multiple violations could result in further administrative proceedings and sanctions.
E-Verify Obligations for Federal Contractors
Pursuant to a recent Executive Order signed by President Bush, federal contractors will be required to enroll in the E-Verify program for all solicitations issued and federal contracts awarded after January 15, 2009. E-Verify is an internet-based system operated by the Department of Homeland Security (DHS), that allows employers to verify the employment eligibility of employees, regardless of citizenship. Information provided by employees on Form I-9’s are checked by a E-Verify and compared to information contained in DHS and Social Security Administration databases.
A clause mandating E-Verify participation will generally be required for prime federal contracts for a period of performance longer than 120 days and with a value exceeding $100,000. The rule also covers subcontractors if the prime contract includes such a clause, and if the subcontract is for services or construction with a value over $3,000.
It should be noted that supply contracts covering commercially available off-the-shelf items, or minor modifications of such items, are exempted from the rule.
If a federal contractor is covered by this new requirement, it will have 30 days from the date of the contract award to enroll in E-Verify, and 90 days from that date to initiate verification inquiries for current employees who will be working on the contract, and to verify newly-hired employees. After this phased-in period, employees will be required to initiate verification of each newly-hired employee within three (3) business days after the start date. The rule generally requires most federal contractors to use E-Verify for all new employees regardless of whether such employees will be assigned to a federal contract.
As with most federal requirements of this nature, there are a number of potential exceptions. All federal contractors should carefully determine whether they fall within the coverage of this new Executive Order.
New Form I-9
The United States Citizenship and Immigration Services (USCIS) recently revised Form I-9 which must be used starting January 31, 2009. While the revised form contains certain technical modifications there are several important changes which should be noted by employers.
Perhaps the most significant change to Form I-9 is that all authorization documents must be unexpired. This means that employers may no longer accept expired passports as was previously allowed. Also eliminated from List A documents are the Temporary Resident Card (Form I-688) and outdated Employment Authorization Cards (Forms I-688A and I-688B). Under the new regulations, employers may also accept foreign passports containing certain machine-readable immigrant visas (containing a temporary I-551 stamp).
Employers can only accept documents listed on the List of Acceptable Documents on the revised Form I-9. The current version of Form I-9 (dated 06/05/2007) will no longer be valid as of February 2, 2009. Employers must use the revised Form I-9 for all new hires and all employees who need reverification. It is important to note that if an employer is required to reverify an employee on or after January 31, 2009, the revised Form I-9 must be used in place of that employee’s existing Form I-9.
For more information on the revised Form I-9, please visit the USCIS website at http://www.uscis.gov/portal/site/uscis. A copy of the revised I-9 will be located on the USCIS website in the near future.
Should there be any questions, or to discuss any of these issues in more detail, please contact
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or
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of the Dunn Carney Labor and Employment Law Team.
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