E-Newsletter

October 2011

Thomas P. Krukowski, Esq.

Legislative Update

Several pieces of legislation have been introduced this year that, if passed, would impact employers.

I. NEW: Implementation of NLRA Posting Delayed

The National Labor Relations Board has postponed the date by which employers are required to post its new notice advising employees of their rights under the National Labor Relations Act to January 31, 2012. The delay was implemented to allow for enhanced education and outreach to employers, particularly those who operate small and medium sized businesses.

According to the NLRB, the decision to extend the rollout period followed queries from businesses and trade organizations indicating uncertainty about which businesses fall under the Board's jurisdiction, and was made in the interest of ensuring broad voluntary compliance. No other changes in the rule, or in the form or content of the notice, will be made.

II. The Electronic Employment Eligibility Verification and Illegal Immigration Control Act (HR 483)

This bill would establish a toll-free telephone number or electronic media-based employment eligibility verification system to ensure that all workers in the United States are legally able to work. The system would be required to:

1. provide verification or tentative non-verification of an individual's identity and employment eligibility within three days of an inquiry, and
   
2. provide, in the case of tentative non-verification, a secondary process for final verification or non-verification within 10 days

This bill would require the Commissioner of Social Security to develop a process for comparing names and social security numbers against appropriate databases in response to employer inquiries. The bill would also require development of a process for comparing names and alien identification or authorization numbers and to investigate uses of the same social security number that suggest fraud. It would also provide immunity from civil or criminal liability for a person or entity who takes action in good faith reliance on verification system information. In addition, it would set forth employer verification requirements with respect to an affirmative defense to liability for employment of unauthorized workers, including revision of attestation and retention of verification form provisions. There would be limits on the collection and use of data from the verification system. It would also expand the employment eligibility verification system to include previously hired individuals and recruitment and referral.

III. Living American Wage (LAW) Act of 2011 (HR 283)

If passed, the LAW Act would: 1) adjust the federal minimum wage every 4 years so that a person may earn an annual income at least 15% higher than the federal poverty threshold for a family of two; 2) set the wage at a level high enough to allow two full-time minimum wage workers to earn an income above the national housing wage; and 3) allow Congress, any state or U.S. territory or possession, any Indian tribe, or local or state government to establish a higher minimum wage requirement than established in this Act.

For guidance on these and other employment or labor law issues, contact Krukowski & Costello, S.C.'s educational services department at (414) 988-8400.