November brings important milestones on two changes to compliance requirements for two federal laws. The changes affect the I-9 Form used to confirm the work status of employees and job applicants, along with pending changes to overtime regulations.

 Form I-9

As of today, employers may only use the new form I-9, which was originally issued on August 1, 2023. The new form I-9 is available here.

To ensure that you are using the correct I-9, confirm that the date in the lower left corner is 08/01/23 and that the date in the upper right-hand corner is 07/31/2026. Also please make sure that you dispose of any unused out-of-date hard copies of Form I-9 to minimize the risk of any confusion or improper use of the wrong form.

A revised Spanish edition of Form I‑9 with an edition date of 08/01/2023 is available for use in Puerto Rico only and by other employers as a translation aid.

For more information, such as accessing the M-274 handbook for employers, please visit I‑9 Central.

FLSA White collar Regulations Update

The period for the public to comment on the US Department of Labor’s proposal to amend the minimum salary threshold under the Fair Labor Standards Act (FLSA) closes on November 7, 2023. For those who have not had an opportunity or would like to refresh their memory, the proposal is available here.

Once the comment period closes, the Wage and Hour Division of the Department of Labor will begin evaluating the comments and decide what, if any, changes may be made to the proposal. There is no set time for the agency to issue the final version of the proposed changes.

Based on previous experience it is likely that the final regulations as issued will be subject to a court challenge as happened in 2016. the regulations will not take effect until there is a final court decision.

AIM members interested in discussing these or other human-resource matters may call the HR Helpline at 1-800-470-6277.