SLF LABOR AND EMPLOYMENT ALERT June 2006

NEW ENFORCEMENT RULES FOR IMMIGRATION LAWS ON THE HORIZON

The Department of Homeland Security (DHS) has announced the establishment of new Federal regulations designed to improve worksite enforcement of the nation’s immigration laws. Two Federal regulations have been released to assist employers with compliance efforts relating to the hiring of legal immigrants. Generally speaking, the first proposal would permit employers to digitize their I-9 employment forms. The second regulation provides guidance for employers in handling “no-match” letters issued by the Social Security Administration when information provided by the employee does not match Social Security records. The interim rule promulgated by DHS is effective June 15, 2006, with written comments due to be submitted on or before August 14, 2006. DHS will then implement a final rule after the comments have been received.

U.S. SUPREME COURT EASES PROOF REQUIRED IN RETALIATION CASES

The Supreme Court has issued an important opinion impacting retaliation claims. In Burlington Northern & Santa Fe Railway Co. v. White, the Court found that the anti-retaliation provision of Title VII of the Civil Rights Act of 1964 (Title VII) does not confine the actions or harms it forbids to actions taken by an employer that affect employment or alter the terms and conditions of employment. So, while in a Title VII discrimination claim an employee may be required to prove that the allegedly discriminatory action affects his or her employment or alters the conditions of the workplace (i.e., firing, suspension, demotion, etc.), Title VII’s prohibition against retaliating against an employee for engaging in protected activity (i.e., complaining about discrimination, filing a charge of discrimination, etc.) is not as restrictive. We expect this opinion to lead to an increase in the number of retaliation lawsuits filed against employers.

COMPLYING WITH FAMILY AND MEDICAL LEAVE ACT RECORDKEEPING REQUIREMENTS

Employers covered by the Family and Medical Leave Act (FMLA) are required to maintain basic payroll and identifying employee data. Some of the data required to be kept includes the name, address, occupation, rate of pay and terms of compensation, additions to or deductions from wages, and total compensation paid to all employees. Additional FMLA recordkeeping requirements are listed in the U.S. Department of Labor’s (DOL) regulations. Notably, employers are required to keep these records for FMLA purposes regardless of whether the employer actually has an employee who is on FMLA leave. Employers are encouraged to review the DOL’s rules regarding recordkeeping, which may be found on the DOL’s website at www.dol.gov.

 

Labor Relations and
Employment Law
Robert J. Sniffen
rsniffen@sniffenlaw.com
211 East Call Street
Tallahassee, FL 32301
850.205.1996
850.205.3004 FAX