July 2023 Compliance Update

I9 Verification

Employers who use E-Verify have slightly more flexibility regarding remote verification. If you’re using E-Verify already, this resource is great for ensuring compliance.

On August 1, 2023, the new I9 was released for use. If you hate change you can continue to use the old form until October 31, 2023. View the new form and tips on using it USCIS I9 Central.

RI Bans Certain Non-Disclosure and Non-Disparaging Agreements

S342 took effect June 22, 2023 and prohibits employers from requiring employees to sign non-disclosure and non-disparaging agreements as a condition of employment to keep confidential alleged violations of civil rights or alleged unlawful conduct. This law doesn’t apply to separation or severance agreements.

Employee vs. Independent Contract Continues to Have a Target on Its Back

I don’t think this is going away anytime soon so I recommend reviewing all of your contractors to truly assess if they should remain a contractor or if perhaps they need to be recategorized as an employee. In a ruling earlier in June, the National Labor Relations Board (NLRB, and yes, you need to care about the NLRB even if you don’t have unions) returned to a 2014 standard of determining employee or independent contractor based strongly on common law. This stuff is complicated folks, so reach out if you’re feeling confused.

Pregnant Workers Fairness Act (PWFA) and PUMP for Nursing Mothers

PWFA went into effect in June of 2023 and applies to employers with 15 or more employees. The PWFA requires “covered employers” to provide “reasonable accommodations” to a worker’s known limitations related to pregnancy, childbirth, or related medical conditions unless the accommodation will cause the employer an “undue hardship.”

AI Continues to Freak People Out

Are you using AI in your organizations? We can’t confirm or deny that we haven’t used ChatGPT to draft a blog post here and there but employers are using AI in their hiring and recruiting process. The EEOC (Equal Employment Opportunity Commission) released a guide for employers on the use of AI. To stay out of trouble, you can find their guide here.

Keep an Eye On….

Lawmakers are proposing a $17 minimum wage and eliminating the tip credit….

Non-Competes are still being scrutinized….