Just a heads up on two recent developments in the HR arena:
1) Dallas Paid Sick Leave Ordinance
We are getting several inquiries regarding the new Dallas Paid Sick Leave Ordinance that was effective 8/1/2019. All employers with 5 or more employees in Dallas are covered. The Ordinance provides that any employee who works 80 or more hours in a year are eligible for the benefit. This includes both part time and full-time employees regardless of FLSA status. The Ordinance also requires employers to post notices to employees in a place where their employees can see them, preferably near the required state and federal labor and employment rights posters.
Even if your current Paid Time Off Policy, this is an opportunity to review that policy to ensure it is within the scope of this mandate.
2) Department of Labor – I9 Inspections.
The I-9 requirement of employees demonstrating their legal right to work in this country has been around since 1986. How diligent the government has been to audit compliance has varied. Given the political discussion regarding immigration, the number of I-9 Inspections conducted by the Department of Labor and ICE has increased significantly since April. The administrative inspection process is initiated by the service of a Notice of Inspection (NOI) upon an employer compelling the production of Forms I-9. By law, employers are provided with at least three business days to produce the Forms I-9. Often, ICE will request the employer provide supporting documentation, which may include a copy of the payroll, list of current employees, Articles of Incorporation, and business licenses.
ICE agents or auditors then conduct an inspection of the Forms I-9 for compliance. Monetary penalties for knowingly hire and continuing to employ violations range from $375 to $16,000 per violation, with repeat offenders receiving penalties, at the higher end. Penalties for substantive violations, which includes failing to produce a Form I-9, range from $110 to $1,100 per violation.
To minimize potential liability, we recommend that employers conduct regular (at least annual) audits to ensure 100% compliance.
If you have any questions, feel free to give us a call at Treyburn. We will be happy to assist.