Employers take note of a slew of employment law changes in 2013, including new I-9 forms, new FMLA posters and forms, and new FCRA forms.
New I-9 Forms
Effective May 7, 2013, new Employment Eligibility Verification Form I-9s are required. The new forms are available from the U.S. Citizenship and Immigration Services website at:http://www.uscis.gov/files/form/i-9.pdf. The new I-9 form was published on March 8, 2013 and must be in place and used by employers starting in May 2013.
New FMLA Poster & Forms
Effective March 8, 2013, employers must post the new Family and Medical Leave Act (FMLA) poster and use updated FMLA notice and certification forms. The Department of Labor’s (DOL) model forms can be found on the DOL website at: http://www.dol.gov/whd/fmla/2013rule/militaryforms.htm.
To learn more about the changes, the DOL Wage and Hour Division posted a side-by-side comparison of the current and final regulations at: http://www.dol.gov/whd/fmla/2013rule/comparison.htm.
New FCRA Forms & Enforcement Agency
As of January 1, 2013, for employers who use a third party service to conduct background checks on applicants or employees, 3 notices required under the Fair Credit Reporting Act (FCRA) changed:
- Summary of Consumer Rights;
- Notice to Users of Consumer Reports of their Obligations; and
- Notice to Furnisher of Information of Their Obligations.
The new forms are available at: http://www.gpo.gov/fdsys/pkg/FR-2012-11-14/pdf/2012-27581.pdf. In addition, the Consumer Financial Protection Bureau (CFPB) has become the new enforcement agency for the FCRA (previously, the responsible agency was the Federal Trade Commission). Both private individuals and the CFPB can bring claims for negligent violations of the FCRA seeking damages and attorneys’ fees, as well as wilful violations, which expose employers to statutory damages in the amount of $100-$1,000 per violation, attorneys’ fees and punitive damages.