On January 20, President Obama issued an executive order requiring that all new regulations, not yet effective, be reviewed. As a result, the U.S. Citizenship and Immigration Services (USCIS) announced last week that it was delaying the implementation of the new I-9 form and related regulations.
The new I-9 form, which reduces the number of acceptable documents, has been delayed until April 3, 2009.
Employers cannot use the new form until its effective date. The new regulations, as they currently exist, provide for civil monetary penalties for using the new I-9 form prior to its effective date. Therefore, employers must continue using the current I-9 form until April 3, 2009. It is possible that the Obama administration may change the form or regulations before the new effective date. We will continue to keep you apprised of any developments with respect to this regulation and I-9 form.
In other action last week, President Obama signed a series of Executive Orders that he said should “level the playing field” for labor against management. While all of these orders concern federal contractors, they are further evidence that significant change is likely coming to the labor area in the very near future. In brief, one Order requires federal contractors in federal buildings, who are taking over a contract, to offer jobs to the employees of its predecessor, and to bargain with the predecessor’s labor union. Another Order requires federal contractors to post a notice informing employees of their rights under the National Labor Relations Act, including the right to join a union. This same Order also repeals a Bush Executive Order which required federal contractors to inform employees that they could not be required to join a union and that they may object to how union dues are used. The final Order prevents federal contractors from using federal funds for expenses related to opposing (or supporting) union organizing efforts among their employees. There is some concern that this Order may be subject to constitutional attack.
The Wall Street Journal described these Executive Orders as, “a quick start to what union leaders hope will be an aggressive labor agenda.”
