IHRIM Eye

Guide to 10 Key Employment Law Changes in 2013

 

IHRIM Eye Guest Blogger:  Amanda Walters, SPHR

There have been several changes to federal, state and municipal employment law for which employers and HR are wise to revisit and revise their workplace policies and practices in 2013.  Below is a guide to the 10 key employment law changes for which employers should be ensuring compliance to minimize their legal liability.

 
1.    Affordable Care Act.  Employers need to be aware of the requirements under the Affordable Care Act which was enacted in an effort to expand health care coverage, control health care costs, and improve how health care services are delivered. This Act significantly changes the landscape of health care in the US, and has a number of requirements that apply to employer-sponsored group health plans which go into effect over a period of several years.

2.    FMLA Amendments.  The Family and Medical Leave Act (FMLA) was amended in 2009 to expand the military family leave provisions and to incorporate a special eligibility provision for airline flight crew employees. Effective March 8, 2013, the DOL issued a final rule implementing these two important expansions and making some additional regulatory changes. As a result, employers should be using an updated FMLA notice and certification forms as well as displaying the new FMLA poster.

 
3.    I-9 Employment Eligibility Verification Form.  On March 8, 2013, the US Citizenship and Immigration Services released a new version of the I-9 Employment Eligibility Verification Form that employers must use by May 7, 2013.  The new version of the Form I-9 has a revised layout and expanded instructions.   Employers can ensure that they have an authorized workforce by participating in E-Verify, which allows employers to electronically verify the information provided by new employees on the Form I-9.  Employers should be aware that a number of state and local governments have passed legislation requiring certain employers to participate in E-Verify. 

4.    Sexual Orientation and Gender Identity Legislation.  A number of states and cities have passed or proposed laws which make sexual orientation and gender identity a protected class.  Further, several states have passed legislation permitting same-sex marriages or civil unions between same-sex partners.  On the federal level, the proposed Employment Non-Discrimination Act would prohibit employers from discriminating or retaliating against individuals based on their actual or perceived sexual orientation or gender identity. Also proposed, the Family and Medical Leave Inclusion Act would expand the protections of the FMLA to same-sex partners.

5.    Minimum Wage Laws.  A handful of states have increased the minimum wage as of January 1, 2013.  These states include Arizona, Colorado, Florida, Missouri, Montana, Ohio, Oregon, Rhode Island, Vermont and Washington.

 
6.    Paid Sick Leave Laws.  In several states and municipalities, laws have been passed or proposed to provide paid sick leave time to employees to care for themselves or a covered family member.

7.    Changes to Fair Credit Reporting Act.  The Fair Credit Reporting Act (FCRA) has been amended and, as of January 1, 2013, employers that utilize background checks must use a new "Summary of Rights" form to notify job applicants and employees of their rights under the FCRA.  They must also alert them that the Consumer Finance Protection Bureau (and not the FTC) is now the agency handling FCRA issues.

8.    Criminal Background Checks.  In 2012, the Equal Employment Opportunity Commission (EEOC) released new guidance restricting employers from using criminal background checks for job applicants.  Further, on the federal, state and municipal level, a number of Ban the Box laws have been passed and proposed which would prohibit employers from asking applicants about their criminal history on a job application until after a conditional job offer has been made.

9.    Medical Marijuana Laws.  Legislation has been passed or proposed on the federal and state level which would legalize marijuana for medical purposes.  Additionally, states such as Washington and Colorado have legalized the recreational use of marijuana. Employers need to be aware of marijuana legislation and how this can impact their workplace policies and procedures as well as how to implement a drug-free workplace policy and discipline employees for marijuana use.

10. Social Media Password Protection Legislation.  On the federal and state level, lawmakers have passed or proposed laws which make it unlawful for an employer to request or require that an employee/applicant provide a user name and password or access to an individual’s social media account.  The purpose of these laws is to make sure that employers do not use private and confidential information on social media to make employment decisions.  

This was a joint collaboration between Amanda Walters, a specialist freelance writer, and Beth Zoller, a Legal Editor for XpertHR, an online compliance tool geared toward HR professionals covering all aspects of the employment relationship and providing reference material as well as practical guidance, such as how to guides, supervisor briefings and model policies.   As a Legal Editor, Beth uses her prior experience as a practicing employment attorney to cover employee privacy, discrimination, affirmative action, harassment, retaliation, and employee handbooks, conduct and work rules.