employersassoc

Apr 2025

U.S. Citizenship and Immigration Services has made minor changes to Form I 9, Employment Eligibility Verification. The revised Form I 9 with an edition date 01/20/25 and an expiration date 05/31/2027 is now available for download, while multiple previous editions remain valid until their respective expiration dates: Form I 9 (08/01/23 edition) that is valid until 05/31/2027Form I 9 (08/01/23 edition) that is valid until 07/31/2026 (Employers using this form must update their electronic systems with the 05/31/2027 expiration date by July 31, 2026.) Key updates include: Renaming the fourth checkbox in Section 1 to “An alien authorized to work”Revising the descriptions of two List B documents in the Lists of Acceptable DocumentsAdding appropriate statutory language and a revised DHS Privacy Notice to the instructions Join EANJ for an in-person session on Mastering Form I-9 Compliance & Self Audits – details & registration

Apr 2025

The Equal Employment Opportunity Commission (EEOC) has released two new technical assistance documents addressing “DEI-related discrimination” in the workplace.The first document, issued jointly with the U.S. Department of Justice (DOJ), What to Do If You Experience Discrimination Related to DEI at Work, encourages employees to file charges with the EEOC if they believe they have experienced DEI-related discrimination.The second document, What You Should Know About DEI-Related Discrimination at Work, clarifies the Commission’s position of when DEI initiatives might cross the line into unlawful discrimination under Title VII of the Civil Rights Act of 1964 (Title VII).  Under Title VII, employer DEI initiatives, policies, programs, or practices may be unlawful if they involve an employer taking an employment action motivated, in whole or in part, by an employee’s or applicant’s race, sex, or another protected characteristic.  Among other things, Title VII bars discrimination (“disparate treatment”) against applicants and employees in hiring, firing, promotion, demotion, compensation, fringe benefits or any term, condition, or privilege of employment, including:  Access to or exclusion from training (including training characterized as leadership development programs;Access to mentoring, sponsorship, or workplace networking/networks;Internships (including internships labeled as “fellowships” or “summer associate” programs);Selection for interviews, including placement or exclusion from a candidate “slate” or pool;Job duties or work assignments.The document stresses that Title VII does not provide an exception for “diversity interests” and a general business interest in DEI is insufficient to support employment decisions being made on the basis of a protected characteristic. 

Mar 2025

In response to a recent executive order, the Department of Homeland Security (DHS) is reinforcing their requirement that all non-U.S. citizens register with the U.S. government in accordance with the Immigration and Nationality Act (8 U.S.C. 1302).Under U.S. law, most non-U.S. citizens already comply with this requirement. However, a significant number of individuals currently residing in the U.S. have not yet registered due to a lake of a direct process.The new process ensures that all aliens 14 years of age or older who were not fingerprinted or registered when applying for a U.S. visa and who remain in the United States for 30 days or longer, must apply for registration and fingerprinting. The parents/legal guardians must register children under the age of 14.Once registered, DHS will issue evidence of registration which all aliens 18 years or older must always have in their possession.  Registration is not an immigration status and does not grant employment authorization or any other benefit under U.S. law, but rather, it is a legal obligation for all non-U.S. citizens residing in the country.Failure to comply will result in criminal and civil penalties, up to and including misdemeanor prosecution and the payment of fines.DHS will introduce a new form and process to facilitate compliance. Beginning February 25, 2025, individuals subject to this registration requirement are advised to create a USCIS online account in preparation for the forthcoming registration process.Join us on March 11th for an in-person session – Are you prepared for an ICE enforcement action at your workplace?  Details and Registration.  

Feb 2025

As of 2025, the Department of Homeland Security (DHS), through their agencies such as Immigration and Customs Enforcement (ICE) and Customs and Border Protection (CBP), continues to prioritize enforcement efforts regarding immigrants who are in the country illegally and who pose a national security threat, public safety concerns, and individuals with serious criminal histories.These efforts include workplace enforcement actions, where agents may conduct site visits and detain unauthorized workers. Employers should be prepared with a clear plan of action in case ICE or other federal agencies arrive at their place of business.EANJ members can access our guidance document, and stay tuned for an upcoming EANJ program on this critical topic.

Jan 2025

On Monday, December 23, 2024, President Biden signed into law two bills—the “Paperwork Reduction Act” (H.R. 3797) and the “Employer Reporting Improvement Act” (H.R. 3801)—introducing changes that simplify ACA reporting for applicable large employers (ALEs) and other entities required to furnish forms 1095-B & 1095-C to individuals.Streamlined Distribution of Form 1095-CEmployers subject to ACA reporting requirements no longer must automatically distribute Forms 1095-C to employees. Instead, employers only need to prepare the forms and distribute them upon an employee’s affirmative request.To take advantage of this reduced administrative burden, employers must provide employees with clear, conspicuous, and accessible notice of their ability to request these forms. The IRS will issue guidance on the required notice. Once an employee requests the form, employers must fulfill the request by the later of:30 days from the date of the request, orJanuary 31 of the year following the calendar year to which the return pertains.Employers are still required to create Forms 1095-C, but this change allows them to forgo automatic distribution unless requested.  This is effective for calendar year 2024 forms that are required to be furnished to employees in 2025.It is important to note that these changes do not impact an ALE’s obligation to (1) offer affordable, minimum essential coverage meeting minimum value requirements to its full-time employees, or (2) file forms 1094-C and 1095-C with the IRS by the applicable filing deadline.Extended Response Time for IRS LettersAnother key change extends the response window for IRS Employer Shared Responsibility Payment (ESRP) letters from 30 days to 90 days, giving employers more time to review and address any discrepancies.New Statute of Limitations on PenaltiesThe legislation introduces a six-year statute of limitations for ACA penalties, providing a clear timeframe for potential enforcement actions. 

Dec 2024

Employers covered by the NJ Law Against Discrimination (NJLAD) and the NJ Family Leave Act (NJFLA) are required to provide employees with a written copy of the official employment poster for each law annually, no later than December 31st. Notification can be delivered via email, printed materials, or through an internet or intranet site, provided the employer informs employees about the posting’s availability.Access NJLAD Poster here.Access NJFLA Poster here.Read EANJ’s summary of required annual distributions here. 

Dec 2024

Governor Murphy has signed a bill requiring employers with 10 or more employees to include a pay range in job postings.  The law goes into effect June 1, 2025.  Join us for a complementary, live 30-minute session, with EANJ’s Amy Vazquez and Robin Ross as they break down what this new law means for your organization and how to prepare for compliance. Don’t miss this opportunity to get your questions answered and stay ahead of the curve!  Details and Registration.

Nov 2024

The U.S. District Court for the Eastern District of Texas vacated the Biden administration’s overtime rule less than two months before the full effective date.  The increase in the overtime threshold to $59k, scheduled to become effective on January 1, 2025, will not go into effect. The increase to $44k that had previously taken effect on July 1, 2024 is nullified.The court found the U.S. Department of Labor exceeded its authority by raising the salary threshold for exemptions too high and allowing for automatic adjustments every three years.  The rule was struck down on a nationwide basis. 

Nov 2024

UPDATE – Governor Murphy has signed this bill into law and it becomes effective June 1, 2025.  EANJ members can access our law summary (login required) for details on this new law.The NJ Legislature has passed a bill which would require employers with 10 or more employees to include a pay range in job postings.  The bill would also require employers take “reasonable” steps to make opportunities for promotions known to current employees.  Any employer that fails to comply with the requirements of the bill would be subject to a civil penalty not to exceed $300 for the first violation and $600 for each subsequent violation.Governor Phil Murphy has until Nov. 10, 2024, to sign the bill into law, which would become effective seven months after its enactment.  Stay tuned. 

Oct 2024

The NJ Department of Labor has increased the maximum weekly benefits for claims filed in 2025:    Workers’ Compensation Rate: $1,159 per week    Temporary Disability Benefit Rate: $1,081 per week    Family Leave Insurance: $1,081 per week    Unemployment Compensation Rate: $875 per week