What’s New?

Form I-9s and FMLA Posters

by Jennifer Shaw | | May 10, 2023

So, it’s been a busy few weeks in the employment law universe.  Here are two developments:

Form I-9 Flexibility is Over!

Unfortunately (but not surprisingly!), the flexibility for completing the Form I-9 remotely is ending on July 31.  (It doesn’t make sense, with so many positions “permanently” designated as remote.  Sigh.)

Employers have 30 days to comply after July 31, which means you will need to complete a physical inspection of any documents they accepted remotely and update Section 2 of the Form I-9 with “Documents physically examined,” and the date of the examination by no later than August 30, 2023. Here’s a link to the press release.

New FMLA Poster

Covered employers under the FMLA must display a poster in conspicuous locations where employees are employed, and where it can be readily seen by applicants for employment and employees. This requirement applies even if some (or all) employees at a location are not eligible for FMLA leave. (Remember, the CFRA has a posting requirement, too!)

The DOL has now released a new poster (pretty purple in color).  You can access it here.

In an interesting twist, you are not required to use the new poster.  The 2013 and 2016 versions are still fine. Why? Because there’s really nothing new in the new poster.  Hmm.

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