Employers can use the previous version of the form through Oct. 31, 2023.
After that, all employers must use the new Form I-9.
Pledge to Elevate the Voice of HR in 2023: Five Ways You Can Advocate with SHRM
SHRM Government Affairs invites you to join our efforts and drive change in Washington and across the country in 2023. Take the pledge and showcase your commitment to elevate the voice of HR in 2023 and beyond.
NLRB Adopts New Standard for Reviewing Workplace Policies
The National Labor Relations Board (NLRB) has adopted a new standard for determining whether an employer’s policy violates Section 7 of the National Labor Relations Act (NLRA). The NLRB began applying the standard immediately.
Under Section 7 of the NLRA, employees have the right to act together, with or without a union, to improve wages and working conditions, and to discuss wages, benefits, and other terms and conditions of employment. The NLRB’s interpretations of how employer policies may violate Section 7 protections have changed over the years.
The NLRB recently announced that it is adopting a new standard for reviewing employer polices that builds on and revises a standard that was adopted during the Obama Administration but was later replaced during the Trump Administration.
If it is shown that an employee could reasonably interpret a rule to restrict or prohibit Section 7 activity, the rule will be considered presumptively unlawful even if:
However, an employer may rebut that presumption by proving that:
Pregnant Works Fairness Act (PWFA) Takes Effect
Employers' obligation under the Pregnant Workers Fairness Act to provide reasonable accommodations for known limitations connected to pregnancy, childbirth or related medical conditions is now in effect. Click here for more information.
SHRM Policy Priorities & One-Pagers
SHRM Government Affairs has created several workplace policy one-pagers that articulate our state, federal, and global priorities and efforts. Download these resources and share them with your affiliates:
Remote Form I-9 Alternative Procedure
The U.S. Department of Homeland Security (DHS) issued the unpublished final rule for the authorization of an optional alternative procedure to the in-person physical examination of the documentation presented by individuals seeking to establish identity and employment authorization for the purpose of completing the Form I-9, Employment Eligibility Verification (the “Remote Form I-9 Alternative Procedure”).
This long-awaited final rule permits the permanent use of a Remote Form I-9 inspection procedure for employers who are participants in good standing in E-Verify. Use of the Remote I-9 Alternative Procedure will be available beginning on August 1, 2023, and is entirely optional.
Here are additional details about the new Remote Form I-9 Alternate Procedure:
SHRM Resource: Texas Legislative Update for Employers (shrm.org)
A new ruling from the National Labor Relations Board (NLRB) alters the standard employers must use to determine whether someone qualifies as an independent contractor.
COVID-Related Form I-9 Flexibilities Set to Expire July 31, 2023
On May 4th, the U.S. Immigration and Customs Enforcement (ICE) reconfirmed that the current COVID-related Form I-9 flexibilities are set to expire on July 31, 2023. According to ICE, employers will have 30 days after the deadline to ensure that they are in compliance with pre-pandemic I-9 processes.
ICE recommends that “employers who have been using those temporary flexibilities plan ahead to ensure that all required physical inspection of identity and employment eligibility documents is completed.” Essentially, before August 30, employers that utilized the flexibilities for their Form I-9 onboarding will need to physically inspect employment and identification documentation for those hires.
SHRM has led advocacy efforts to modernize Form I-9, which resulted in the extension of Form I-9 flexibilities. It also prompted the Department of Homeland Security (DHS) to formalize the authority of the Secretary of Homeland Security to extend flexibilities, provide alternative options, or conduct a pilot program that would permit remote inspection of employee identity and employment authorization documents. DHS is still reviewing the public comments from its August 18, 2022, proposed rule, which includes SHRM’s public comment. DHS announced that it plans to release a final rule “later this year.”
SHRM believes the Form I-9 process must reflect the needs of the modern workplace, which includes permanent remote Form I-9 preparation to support efficient onboarding processes for HR professionals. SHRM stands ready to partner with federal agencies to ensure that the final regulation reflects the reality of today’s and tomorrow's U.S. workforce and leverages current and emerging technologies.
Please stay tuned for more updates on this critical workplace issue.
Supreme Court Upholds Salary Requirement for Overtime Exemption
2/22/2023: In Helix Energy Solutions Group v. Hewitt, the Supreme Court ruled 6-3 that a former employee who made more than $200,000 a year was eligible for overtime pay, as he was paid on a daily basis.
This spring, employers are expecting to learn about the U.S. Department of Labor’s (DOL’s) proposed changes to the overtime rule. It’s anyone’s guess how high the DOL may want to raise the salary level threshold for the white-collar exemptions to the rule, but it could be quite high, experts say.
Congress Passes Federal Omnibus Spending Bill
Key Workplace Provisions Included in the Spending Bill
One: Government Efforts to increase wages will increase pressure on employer payrolls
Two: Significant Regulatory Action by FTC, EEOC, and NRLB will impact HR leaders
Three: Employers and HR professionals will continue navigating an evolving state policy landscape
Four: Employers will continue to face a tight labor market despite a potential recession
Five: Changes to health care and paid leave benefit requirements will increase employer costs