Human Resource & Labor News
www.agc.orgAugust 19, 2010 / Issue No. 4-10
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On the Inside
Labor Relations
AGC Persuades Corps of Engineers to Withdraw PLA Requirement
Year-to-Date Collective Bargaining Results in Low and No Increases in Wages and Fringe Benefits
AGC Union Contractors Exchange Views with Carpenters and Operating Engineers General Presidents at New England Regional Meeting
NLRB Finds Regional Carpenters Council was Bound to National Construction Agreement and Plan for Settlement of Jurisdictional Disputes
Supreme Court Invalidates Decisions of Two-Member NLRB; Senate Confirms Two New NLRB Members
Legal Compliance
DOL Revises Interpretation of "Clothes," Changing Time Considered Compensable
Labor Department Clarifies Definition of "Son or Daughter" in FMLA
Labor Department Revises Child Labor Law, Leaves AGC-Supported Apprentice Exemption in Place
DOL Issues Guidance on Breaks for Nursing Mothers Under the FLSA
Homeland Security Department Revises Rule on Electronic Processing and Storage of I-9 Forms
OFCCP Plans to Strengthen the Affirmative Action Obligations Related to Individuals with Disabilities
Employee Benefits
Temporary Pension Relief Legislation Enacted
COBRA Subsidy Expires; Extension Seems Unlikely
HR Professional Development
AGC HR and Training Conference to Highlight Link between Coaching, Workplace Performance and Corporate Results
Homeland Security Department Revises Rule on Electronic Processing and Storage of I-9 Forms
 

The Department of Homeland Security has issued a final rule to revise the regulations regarding completion and retention of I-9 forms. The revision gives employers the discretion to sign and retain I-9 forms electronically. 

In June 2006, DHS issued an interim final rule that permitted electronic signature and storage of I-9 forms.  The interim rule amended DHS regulations to permit employers to complete, sign, scan and store the I-9 forms electronically, including existing I-9 forms.  In this final rule, DHS made minor modifications to clarify certain provisions.  Specifically, employers:

  • Must complete a form I-9 within three business (not calendar) days;
  • May use paper, electronic systems, or a combination of paper and electronic systems;
  • May change electronic storage systems as long as the systems meet the performance requirements of the regulations;
  • Need not retain audit trails of each time a Form I-9 is electronically viewed, but only when the Form I-9 is created, completed, updated, modified, altered or corrected; and
  • May provide or transmit a confirmation of a Form I-9 transaction, but are not required to do so unless the employee requests a copy.

The final rule also makes "technical and conforming" amendments to the regulations including the requirement that an electronic I-9 storage system be searchable "by any data element," requiring only an indexing system that "permits the identification and retrieval for viewing or reproducing of relevant documents and records maintained in an electronic storage system."

The final rule is effective August 23, 2010. Complete text of the final rule can be found in the July 22, 2010 Federal Register.

More information about I-9 forms and Employment Eligibility Verification is available on the U.S. Citizenship and Immigration Services website at www.uscis.gov/I-9 and in the Labor and HR Topical Resources section of the AGC website.
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