Friday, June 21, 2013

EEOC Issues Final Rule Revising Freedom of Information Act Regulations

WASHINGTON - The U.S. Equal Employment Opportunity Commission (EEOC) issued a Final Rule today revising certain provisions of its Freedom of Information Act (FOIA) regulations.  EEOC's revised FOIA regulations, 29 CFR Part 1610 ("Availability of Records"), incorporate provisions of the Openness Promotes Effectiveness in Our National Government Act of 2007 (OPEN Government Act), and the Electronic FOIA Act of 1996 (E-FOIA Act).  The Final Rule also reflects the Commission's transfer of FOIA responsibility from its Regional Attorneys to its District Directors.  The rule was published in the Federal Register on June 19, 2013.

Pursuant to the OPEN Government Act, the Final Rule requires the Commission to observe FOIA response time deadlines even when a FOIA request is received by the wrong office.  Also in accordance with the OPEN Government Act, the Commission will issue acknowledgement letters upon receipt of all FOIA requests.  Consistent with EEOC's current practice, the Final Rule provides that EEOC will include in its appeal determinations information about the mediation services provided by the Office of Government Information Services.

As required by the E-FOIA Act, information produced by EEOC pursuant to FOIA will be made available in electronic format.  In addition, the Final Rule creates an internal multi-track FOIA processing procedure as permitted by the E-FOIA Act.  The Final Rule also clarifies that FOIA appeals can be filed with EEOC by mail, fax, or electronically.  In addition, to enable EEOC to more efficiently process requests for charge files made after a right-to-sue letter has expired, a new provision requires that the requestor include with the FOIA request a stamped copy of the relevant civil action.   Finally, the Final Rule consolidates EEOC's public reading area services in its Headquarters and District Offices.

Tuesday, June 11, 2013

E-verify and the state of Georgia

We recently had an inquiry regarding the E-Verify Posting in Georgia.  When an employer uses the E-Verify I-9 system with the INS, they are provided the option to download and use the E-Verify posting.  Georgia's law regarding this has changed slightly over the years.  The following is a brief timeline of how the law has changed:

In 2011, Georgia passed a bill that requires private employers to use E-Verify to check the employment eligibility of new hires. Public employers were already required to, enacted in 2009.

On Jan 1, 2012, employers with more than 500 employees were required to use it.

On July 1, 2012, employers with more than 100 employees were required to use it.

On July 1, 2013, employers with 10 or more employees are required to use it.


If you do not download the E-Verify posting from the INS web site at registration, it is available from National Safety Compliance at http://www.laborlawposter.us/state/Federal.html

Wednesday, June 5, 2013

Pennsylvania Unemployment Insurance Posting

Mandatory Postings for Pennsylvania Employers

Pennsylvania employers are required to post certain notices in their worksites so employees have access to and information about applicable labor laws. These postings, included in the poster provided online at pennsylvania.laborlawposter.us, are required to be posted by employers and contact information should you require additional information.
All notices must be posted in a conspicuous place so that they can be seen and read by employees. Failure to post notices can result in stiff penalties and possible fines. In addition to the notices, all government agencies and private employers with government contracts over $25,000 are required to publish and post an anti-drug policy statement in accordance with the Drug-Free Workplace Act of 1998.

The Pennsylvania Department of Labor & Industry, Office of Unemployment Compensation Benefits has released an updated posting in April 2013.  This posting is only applicable to Public employers and only has minor changes compared to the previous posting required.  There have been no law changes that would mandate an updated poster.