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Below are three legal issues to know for November:
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TEXAS VOTING LAWS ALL EMPLOYERS NEED TO KNOW – NOVEMBER 8, 2016
The Texas Election Code provides that all employers must give their employees time away from work to vote if an employee does not otherwise have sufficient free time while the polls are open. What this means, is that employers must let their employees have up to two hours off to vote on an election day. This time off generally needs to be paid. However, if an employee has two consecutive hours available outside of normal working hours, when the polls are open, this time does not need to be paid.
For example, if polls are open primarily between the hours of 7:00 am and 7:00 pm, and the employee’s schedule is 8:00 am to 6:00 pm, the employer can allow the employee to come in an hour late, or leave an hour early. This hour off would need to be paid. In another example, if the employee’s schedule was 9:00 am to 5:00 pm, the employer can refuse to permit time off for voting or the employer may refuse to pay for any time taken off work to vote.
Employers that refuse to allow their voters to take time off to vote may be fined up to $500. Employers are encouraged to have a written policy detailing this information so that all employees understand the Company’s policies and Texas Law.
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INJUNCTION HEARING SET ON NEW DOL OVERTIME RULES – NOVEMBER 16, 2016
After the Department of Labor released its new rules regarding salary exemptions and overtime—currently set to go into effect on December 1, 2016—a group of states and a coalition of business groups filed two separate lawsuits to block the rules. Those cases, Plano Chamber of Commerce, et al. v. Perez, et al., and State of Nevada, et al. v. United States Department of Labor, et al., were consolidated into a single suit on October 19, 2016. The states and business groups contend the DOL overstepped its authority in establishing both the new minimum salary test of $47,476 and the indexing mechanism—the portion of the law that automatically raises the minimum salary threshold over time.
An injunction hearing in the case is currently set for November 16, 2016. If the states and business groups are successful, the new rules could be temporarily or permanently blocked. We do not know whether the suit will be successful. As a result, employers should continue to plan as if the rules will go into effect on December 1, 2016, but may want to postpone implementation until after the injunction hearing date of November 16.
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RELEASE OF NEW FORM I-9 – NOVEMBER 22, 2016
The DHS announced that it expects to issue a new version of the Form I-9 on or before November 22, 2016. DHS explains that this new version is designed to be “user friendly”, which will help minimize errors. A noteworthy change includes allowing users the option to complete the form online via the USCIS website. Completing the form online allows access to several additional features such as real time error messages. The form must still be printed, and signed, by the new employee and employer.
Bottom line, employers should become familiar with the new features available with the updated Form I-9.
Monty & Ramirez LLP will continue to monitor developments in this case and update clients as new information becomes available. If you have any questions about getting your business into compliance with the new rules, please contact a Monty & Ramirez attorney at (281) 493-5529.
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Monty & Ramirez LLP
150 W. Parker Road, 3rd Floor
Houston, Texas 77076
Phone: 281.493.5529
Family Immigration: 713.289.4546
Toll-Free: 1.866.427.0152
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