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Legislative Committee
 Legislative Committee Updates

SHRM Jacksonville’s Legislative Committee is tasked with keeping Chapter membership and the First Coast community at large abreast of changes in federal, state, and local labor and employment laws.  Given that labor and employment law is created and changed by statutes, ordinances, agency rules and decisions, and rulings from federal and state courts, compliance for HR professionals is more difficult than ever.  Let your SHRM Jacksonville Legislative Committee serve as a resource to help guide you through the maze of today’s labor and employment laws.

Articles below:

  • "Department of Labor’s Recent Efforts to Roll Back Obama-Era Regulations and Guidance" - provided by Lindsay Dennis Swiger, Holland & Knight, LLP
  • "USCIS Releases a Revised Form I-9 "- provided by Giselle Carson, Marks Grapy, P.A.

Past Articles (click link):

 
 Legal Matters

Lindsay Dennis Swiger

Partner

 

Holland & Knight, LLP

50 North Laura Street
Suite 3900
Jacksonville, Florida 32202
Tel. 904.798.5413

Click here for Lindsay's bio

 

 

 

 

 

Department of Labor’s Recent Efforts to Roll Back Obama-Era Regulations and Guidance

by Lindsay Dennis Swiger, Holland & Knight, LLP

The Trump Administration’s Department of Labor (“DOL”) under Secretary Alexander Acosta has been quite busy this summer. This article briefly outlines three recent actions the DOL has taken to roll back or limit key Obama-era DOL regulations and guidance.

DOL Overtime Rule

On June 30, 2017, the DOL submitted its brief in the appeal pending before the Fifth Circuit Court of Appeals on the DOL rule that would have increased the minimum salary threshold for the “white collar” exemptions in the Fair Labor Standards Act from $23,660 to $47,476. The DOL asked the Court to allow the agency to establish a minimum salary threshold for the executive, administrative and professional exemptions, but advised that the DOL would like to revisit what the salary threshold should be. Earlier in the month, Secretary Acosta provided testimony that the DOL plans to file a request for information in which it will seek information that it can consider and review in evaluating the overtime rule and salary level.

Notice of Proposed Rulemaking to Rescind Obama Administration’s Final Persuader Rule

The DOL issued a notice of proposed rulemaking to formally rescind the Obama Administration DOL’s final persuader rule. In the notice of proposed rulemaking, the DOL said that it is seeking to rescind the rule so that it can consider in more detail the interaction between the new categories of “indirect” persuasion that were created by the rule and the role of attorneys in advising their clients. The DOL also said that it is proposing to rescind the rule so that, if it elects to change the scope of reportable activity, it can provide as thorough an explanation of its statutory interpretation as possible. In addition, the DOL proposes to rescind the rule in light of “limited resources and competing priorities.” The notice of proposed rulemaking provides for a 60-day comment period. Comments must be received on or before August 11, 2017.

Misclassification and Joint Employer Guidance Memos Withdrawn

Secretary Acosta announced in a short statement that the DOL withdrew two administrator’s interpretations which limited the misclassification of workers through a stricter independent contractor test and expanded the definition of joint employer as of June 7, 2017. The guidance memos will no longer serve as a basis for finding liability, and will not drive the DOL in its investigations and enforcement actions. In short, their rescission allows a return to the fairly stable and well established doctrines in these two areas and may signify that similar action may be to come from the Equal Employment Opportunity Commission and the National Labor Relations Board on these issues.

 

USCIS Releases a Revised Form I-9

by Giselle Carson, Business Immigration Attorney with Marks Gray, P.A.

On July 17, 2017, USCIS released a revised Form I-9 and the Handbook for Employers. You may begin using the new form immediately, but it is not required until September 18, 2017.

Until then, you may continue to use the Form I-9 with a revision date of 11/14/16 N. You should also continue to follow existing storage and retention rules for all previously completed Form I-9s.

Here is what HR professionals need to know about the form revisions:

  • The Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC) has changed to its new name: Immigrant and Employee Rights Section (IER).
  • The I-9 instructions were edited to remove “the end of” from the phrase “the first day of employment.” They now read: “Employers or their authorized representative must complete and sign Section 2 within 3 business days of the employee’s first day of employment.”
  • The Consular Report of Birth Abroad (Form FS-240) is now an acceptable List C document. If you are completing Form I-9 on a computer or using E-Verify, you will now see this option available.
  • All certifications of report of birth issued by the Department of State (Form FS-545, Form DS-1350, and Form FS-240) are now combined into selection C #2 in List C.
  • All List C documents have been renumbered – except for the Social Security card, which remains number one.
  • The Handbook for Employers: Guidance for Completing Form I-9 (M-274) was revised to make it easier for users to navigate.

You can find instructions for downloading Form I-9 here.

 

Giselle Carson, Esq.

Shareholder


Marks Gray, P. A

1200 Riverplace Boulevard
Suite 800
Jacksonville, Florida 32207
Tel: 904.398.0900
gcarson@marksgray.com

Click here for Giselle’s bio.

 

 

 

 
 
   

 

 

 

 

 






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Calendar

8/24/2017
Board Informational Session

8/25/2017
Board Informational Session

9/14/2017
2017 September Master Series Chapter Meeting

9/15/2017
New Member Orientation Breakfast

10/6/2017
5th Annual SHRM Jacksonville Supervisor Training 2017