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On October 31, 2023, the Equal Employment Opportunity Commission (EEOC) announced that the 2022 EEO-1 Component 1 data collection opens for mandatory filing for private sector companies with 100 or more employees and federal contractors with 50 or more employees meeting certain criteria. The deadline to file is December 5, 2023.
For Multi-Establishment Employers: An employer with more than one establishment will need to file a Consolidated Report, a Headquarters Report, and Establishment-Level Report(s). The Establishment-Level Reports replace the Type 4, and Type 8 reports. Justworks will continue to reach out to customers who may be impacted to provide resources to help with report submission.Read More
As previously covered, effective August 1, 2023, the U.S. Citizenship and Immigration Services (USCIS) released a new Form I-9 to verify identity and employment authorization.
The new version of Form I-9 will be available for Justworks customers to use by October 31, 2023. All employers must use the new form to verify employment authorization beginning November 1, 2023.Read More
On August 30, 2023, the U.S. Department of Labor (DOL) proposed a rule that would increase the federal minimum salary level for those eligible under the “white collar” and highly compensated employees (HCEs) overtime exemption regulations. Under the proposal, the minimum salary level is anticipated to change from $684 per week ($35,568 annualized) to at least $1,059 per week ($55,068 annualized) for “white collar” exempt employees and from $107,432 to at least $143,988 for HCEs. The DOL, however, has indicated that the salary floor may ultimately be even higher than $55,068 to meet the “white collar” exemption.
Additionally, the DOL is calling for the minimum salary thresholds of both “white collar” exempt and highly compensated employees to be adjusted every three (3) years. It is important to understand that the proposal released by the DOL is not yet law. Comments on the proposal are due by November 7, 2023, and the DOL will consider all comments received before publishing a final rule. However, at this time, employers should consider reviewing their employees’ exemption status and salary levels to assess the impact of these potential changes.Read More
On August 1, 2023, the U.S. Citizenship and Immigration Services (USCIS) released a new Form I-9 to verify identity and employment authorization. Employers may use the previous version of Form I-9 until October 31, 2023. Starting November 1, 2023, the new Form I-9, which is designed to be more user-friendly, must be used to verify employment authorization.
Additionally, the Department of Homeland Security (DHS) announced an alternative procedure for Form I-9 supporting document examination, which allows qualified E-Verify employers to utilize remote inspection of documents, if certain qualifications are met.Read More
The Department of Homeland Security’s temporary policy, which allowed employers to remotely verify Form I-9 supporting documents for employment eligibility, will be ending on July 31, 2023. All Form I-9 supporting documents that were verified virtually since March 2020 under the temporary policy will have to be physically inspected before August 30, 2023.
Additionally, all Form I-9 supporting document inspection after July 31 must occur in-person. As was the case before March 2020, employers will have to either plan for remote employees to begin work in person or utilize a service as the employer’s authorized representative, so that documents can be physically inspected.Read More
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