Compliance Stuff

  The word “audit” can strike fear in the hearts of HR professionals across the country. With increasing fines, an I-9 audit can turn a small mistake into a big cost. Maintaining compliance and avoiding costly audits is one of the more complex aspects of working in HR. But don’t worry – we’re here to help you face those fears and understand everything you need to know about what can trigger an I-9 audit and  what you can do to avoid it . What is an I-9 Audit? In November 1986, the Immigration Reform and Control Act was enacted, requiring employers to verify the identity and employment eligibility of their employees using Form I-9. The U.S. Department of Homeland Security (DHS) and U.S. Immigration and Customs Enforcement (ICE) perform I-9 audits to ensure businesses comply with the law and maintain accurate records . If a company is audited and found non-compliant, it may face fines of up to $2,789 per form, among other penalties. As of June 28, 2024, these fines have increase...

On August 15, 2024, the Internal Revenue Service (IRS) launched a second Employee Retention Credit (ERC) Voluntary Disclosure Program for employers to correct any mistakes related to their ERC claims. The ERC, introduced by the Coronavirus Aid, Relief, and Economic Security Act, was designed to help businesses and tax-exempt organizations that kept paying employees during the COVID-19 pandemic, even if they had to shut down or reduce operations due to government orders, saw a significant drop in revenue, or were recovery startups during the eligible periods. This new program provides participants another chance to fix any errors in such claims. The IRS has found that the ERC has become quite complex and significantly vulnerable to fraud . This issue led the agency to stop processing ERC claims entirely on September 14, 2023 . The IRS paused the voluntary disclosure program on March 22, 2024, to address the growing backlog of unprocessed claims. The recent announcement reflects the IRS...

  Maryland’s Wage Range Transparency Law   requires employers to provide, in internal and external job postings, the position’s wage range and a general description of its benefits and other compensation. If an employer doesn’t make the posting available to an applicant, the employer must disclose the required information before discussing compensation with the applicant and at any other time that the applicant requests. Employers may satisfy their notice obligation by completing a form that Maryland’s Division of Labor and Industry (DLI) will publish and including it with each job posting or otherwise making it available to job applicants. Under the Transparency Law, a “job posting” is “a solicitation intended to recruit applicants for a specific available position,” whether the employer handles the recruiting directly or through a third party. “Wage” is defined as “all compensation for employment,” including board, lodging, and other advantages provided to an employee for t...

  For existing businesses expanding operations into New York State for the first time, there are a myriad of legal idiosyncrasies to navigate. Businesses must proactively identify areas where a different approach is required to be successful (and compliant) in New York. This article is the first of a series intended for businesses trying to understand what sets New York apart from a legal and regulatory perspective. When it comes to employment law, there is no question that New York is a leader in workplace rights and regulations, making it confusing for businesses accustomed to operating in other states. Every year, it seems, there is a new state mandate employers must implement—whether it be a new a new policy to maintain, a new type of leave to offer, or a standard practice that it must avoid. A comprehensive list of differences would fill a book (in fact,  The Essential Guide to New York Employment Law , written by Bond lawyers, is nearly 500 pages), but here is a primer ...

  The U.S. Department of Labor’s (DOL) Office of Foreign Labor Certification (OFLC) announced that the legacy iCERT system for the preparation and submission of labor certification applications will be fully decommissioned on December 1, 2024 , as part of the DOL’s  permanent labor certification (PERM) technology modernization initiative . Quick Hits In 2018, OFLC replaced the iCERT system with the Foreign Labor Application Gateway (FLAG) system, and successfully transitioned prevailing wage determinations, among other visa programs, to the new system. On May 16, 2023, OFLC began accepting the new Form ETA-9089 on the FLAG system. The OFLC recently began issuing PERM certifications for cases filed in the FLAG system, using the new version of the Form ETA-9089. USCIS has offered guidance on filing Form I-140 using the new Form ETA-9089. The legacy Permanent Online System, which provides public access to permanent labor certification applications and final determinations, will ...