USA: FLSA - Minimum Wage Increase Effective July 24 2009

Poster: Courtesy of the Dept of Labor

Effective today, July 24th 2009 is the effectivity of the new revised Federal Minimum Wage increase for all employees covered under this FLSA regulation.

For details about this change please click on New FLSA Federal Wage Increase Memo.

For questions or inquiries about additional information, please send an email to: info@jntconsulting.com

USA: Continuing Updates: US Employment Eligibility - I-9 Form

The USCIS released an announcement in January 30 2009 about its 60 days period up to April 3rd 2009 - the implementation of the an interim final rule "Documents Acceptable for Employment Eligibility Verfication" which was published in the Federal Register on December 17th 2008.

The public will have more ample time to provide comments at the Federal Register. This public comment will end on March 4th 2009. Interested parties who would like to share their opiniions or comments can visit this website: http://www.regulations.gov/

The interim final rule will provide an amendment of the regulations governing the types of acceptable identity and employment authorization documents which employees can present to their employers when completing the I-9 Form (Employment Eligibility Form). Under the interim rule it prohibits the acceptance of an expired document to verify an employment authorization.

Observations:
As an employer's representative - the HR Professional who will be conducting the validation of acceptable identification documents for the I-9 Form must take an extra moment and effort in understanding appropriate documents that are acceptable.

As necessary, attend continuing education that are focused on Managing I-9 Eligibility Documents and Compliance. Seek the assistance of a qualified and experienced HR Consultant on Employment Eligibility and Work Permits.

There is a high risk for both the employer and the HR Professional when a new hire will be found to be using a non-acceptable document.

For questions or inquiries regarding additional information to compliance please contact: info@jntconsulting.com

# # #

USA: HR Managers on Child Labor Violations in Iowa

It is sad to learn of the circumstances that took place in one of Iowa’s manufacturing firms. Particularly, when you read the reason why an HR Manager is facing charges. Based on the facts provided by the Society of Human Resources Management on the real circumstances of this case, it suggests none compliance of rules and regulations on the part of the involved HR Managers. Three important things that were truly significant violations were: (1) By allowing an under 18 years of age to work long hours before 7AM and after 7PM plus over time. This is an absolute negligence by the HR Manager by allowing these young adults to work provided they were aware of their real age. (2) Work Safety is one of them notwithstanding with the cause of the raid by the ICE – where (3) they found undocumented immigrants working in the workplace.

SHRM’s HR Week dated Sept 15, 2008 illustrated the article about the above case. I was terribly surprised about it. I cannot believe what happened … nothing I could do about it except continue reading the whole article. A part of the Article is being quoted below;

“The charges filed by the Iowa Attorney General on Sept. 9, 2008, allege that the underage workers handled dangerous equipment, such as circular saws and meat grinders, and that they were exposed to noxious chemicals. According to the attorney general’s affidavit, the company records show instances of children under the age of 16 working before 7 a.m. and after 7 p.m. while school was in session.”

“The records of Agriprocessors Inc. also confirm, as alleged by each of the employee-victims, that each of these employees worked more hours of overtime each week than that for which they were compensated,” the complaint stated.”

Observations

Having been an HR Practitioner, one of the items that I always coach managers when they hire is the guidance under the Labor Laws. Orienting them with the regulations on limitations involving the employment of minors during Summer Time and or during Internships is very important. These are basic responsibilities of an HR Professional to enforce the rules under the Law. For any environment where manufacturing exist, Work Safety is number one requirement to be enforced. Employment eligibility is always very important.

Reading through the article, you will realize that there were some facts that were not provided. Making you as the reader to formulate your own hypothetical assumptions on how situations were managed.

The article however, provides a very strong lesson for any Human Resource Professional in the profession. It is time to be strategic, pro-active and learn more about other rules, regulations and laws that may apply in your work environment. If you don’t have time for it – at least hire an experienced HR Consultant who can assist you with the compliance and enforcement of these rules. Act as an HR Business Partner to your colleagues in the operations departments and other business units. Negotiate your value as their HR Business Partner. Your extra efforts will save your company’s investments and avoid costly mistakes like the above.

For any question or inquiry about this article, please contact info@jntconsulting.com

# # #