States of Colorado and Nevada Enact Laws Prohibiting Applicant and Employee Credit Checks

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APPLIES TO

CO and NV Employers

EFFECTIVE

July 1, 2013 (Colorado)

October 1, 2013 (Nevada)

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On July 1 and October 1, 2013, Colorado and Nevada will become the ninth and tenth states, respectively, to enact laws restricting the use of credit-related information for hiring or other employment purposes. States that have enacted similar legislation are California, Connecticut, Hawaii, Illinois, Maryland, Oregon, Vermont and Washington. Listed below are summaries of the new Colorado and Nevada laws.

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Form 5500 Filing – Reminder

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APPLIES TO

Employers and Retirement Plan Administrators

EFFECTIVE

File deadline of no later than July 31, 2013 for plan years beginning in January and ending in December

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Many employers offer their employees retirement benefits such as a 401(k) Plan. If you are such an employer, each year your company must file an annual report to the IRS and U.S. Department of Labor (DOL) detailing the plan. Form 5500 is used to file this annual report and as of 2010, the form must be filed electronically.

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State of Utah Enacts Social Media Password Law – Effective May 14, 2013

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APPLIES TO

Utah Employers

EFFECTIVE

March 14, 2013

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On May 14, 2013, the Internet Employment Privacy Act (IEPA) becomes law in the state of Utah. This law prohibits employers from requiring employees or job applicants to disclose their password(s) or user name(s) for personal social media accounts. Utah joins the states of California, Delaware, Illinois, Maryland, Michigan, and New Jersey who have enacted similar legislation.

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H1-B Visa Petition Submission Begins April 1, 2013

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APPLIES TO

All Employers Who Employ or Wish to Employ Foreign Workers

EFFECTIVE

April 1, 2013

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As of April 1, 2013 employers wanting to hire foreign workers through the H-1B visa program can begin filing petitions with U.S. Citizenship and Immigration Services (USCIS). Business use the H-1B program to employ foreign workers in specialty occupations requiring theoretical or technical expertise in specialized fields. Petitions submitted on or after April 1, 2013, will apply for the 2014 federal fiscal year (October 1, 2013- September 30, 2014).

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USCIS Released a New Employment Eligibility Verification Form

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APPLIES TO

All Employers

EFFECTIVE

May 7, 2013

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On March 8, 2013, the U.S. Citizenship and Immigration Services (USCIS) released a new Employment Eligibility Verification Form I-9. Employers should begin using the new Form I-9 immediately. There is a grace period of sixty days, until May 7, 2013, during which the USCIS is allowing employers to use the previously valid Form I-9.

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U.S. DOL Implements Laws Expanding FMLA Protections

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APPLIES TO

Private-Sector Employers with 50 or more Employees

Public Agencies, Public or Private Elementary or Secondary Schools

EFFECTIVE

March 8, 2013

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(888) 378-2456

Starting March 8, 2013 all companies of 50 or more employees must display an updated federal family leave poster. The final rule outlining the requirement was issued last week by the U.S. Department of Labor (DOL) to implement federal laws expanding Family and Medical Leave Act (FMLA) protections.

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ACA Employer Notice of Exchange Coverage Deadline Delayed

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APPLIES TO

All Employers and Employees

EFFECTIVE

NO LONGER effective as of March 1, 2013

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The Department of Labor has announced that the requirement for employers to provide notice of Insurance Exchanges to their employees will not take effect on March 1, 2013 as it was originally scheduled. The Affordable Care Act (ACA) amended the Fair Labor Standards Act (FLSA) requiring employers to send a notice describing certain elements of exchanges and subsidy eligibility to employees by March 1, 2013.

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Key Change: AB 1396 and Written Commission Agreements

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APPLIES TO

All Employers and Commissioned Employees

EFFECTIVE

January 1, 2013

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Starting January 1, 2013, all in-state and out-of-state employers must have written agreements in place for employees who are paid commissions for services provided within the State of California. Information included in these agreements need to provide the method by which the commissions will be computed and paid. With each new employee, the employer must provide a signed copy of the written statement to the employee and obtain a counter-signed “receipt” of the written statement and return it to the employee.

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EEOC Issues Guidance Regarding Employer Use of Criminal Background Checks

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APPLIES TO

All Employers, Employment Agencies and Unions

EFFECTIVE

EEOC Guidance, upon issuance, April 25, 2012

New Notices, January 1, 2013

QUESTIONS?

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On April 25, 2012, the EEOC voted to adopt new guidance for employers that use information on criminal convictions in their hiring process. The EEOC opined that, because arrest and conviction rates are higher among minorities than the general population, employers’ practices of rejecting anyone with a criminal record may have a disparate impact on minority candidates. This guidance applies to criminal convictions, not arrests, in that the EEOC’s position is that arrests that did not result in convictions should not be used in hiring decisions.

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