The federal government is increasingly cracking down on employers who fail to verify employment eligibility, as required by law.

U.S. Immigration and Customs Enforcement (ICE) audited more companies for illegal immigrants in 2012 than ever before. Audits of employer I-9 forms increased to more than 3,000 in 2012 from 250 in 2007. 

ICE also continues to collect more fines and penalties. From 2009 to 2012, the total amount of fines grew from $1,000,000 to nearly $13,000,000. 

ICE audits are expected to grow; immigration enforcement efforts focused on employers are one of the agency’s top priorities. Employers are required by law to verify the employee eligibility of all hires and complete a Form I-9. 

ICE agents can conduct audits and can compel employers to produce I-9 forms so the forms can be inspected for compliance. Employers determined to have knowingly hired or continuing to employ unauthorized workers will be required to cease unlawful activity, may be fined and, in certain situations, may be prosecuted. 

For information on complying with Form I-9 requirements, sign-up for HR That Works. 

California employers can expect some positive changes in 2013. The latest CalChamber News segment highlights SB 1186, a bill designed to protect business owners from predatory or frivolous lawsuits under the Americans with Disability Act (ADA). 

The law is the bipartisan product authored by Democrat Senate President Pro Tem Darrell Steinberg and recently termed-out Republican Senator Bob Dutton. 

California has 40 percent of the nation’s ADA lawsuits but only 12 percent of the country’s disabled population. SB 1186 will provide much needed relief. 

Visit CalChamber News for full video coverage. 

Good news for employers: the Internal Revenue Service (IRS) has made the 2013 Form W-4 available.

Interested parties can download the new Form W-4 here.

On November 26, 2012, the U.S. departments of Treasury, Labor, and Health and Human Services published a new proposed rule that would change the HIPAA wellness program regulations. 77 Fed. Reg. 70620

At first glance, it may appear that the proposed rule is very similar to the existing wellness rule. However, a number of changes could have significant impacts on how wellness programs are designed and administered, including:

In January, the U.S. Treasury Department and the Internal Revenue Service published proposed rules and new Q&A's providing guidance with respect to the employer “shared responsibility” excise tax under section 4980H of the Internal Revenue Code, which was added by the Patient Protection and Affordable Care Act and is effective beginning in 2014. 78 Fed. Reg. 217 (January 2, 2013)  

The Internal Revenue Service (IRS) released updated income-tax withholding tables for 2013 reflecting recent changes by Congress to address the “fiscal cliff.”

The updated income tax withholding tables show the new rates in effect for 2013 and supersede the tables issued on December 31, 2012. The updated tables contain the percentage method income-tax withholding tables and related information that employers need to implement these changes. 

According to the IRS:

WASHINGTON — The Internal Revenue Service today issued the 2013 optional standard mileage rates used to calculate the deductible costs of operating an automobile for business, charitable, medical or moving purposes.

Meal and rest period cases continue to arise after the welcomed California Supreme Court decision in Brinker v. Superior Court. 

Related cases were placed on hold pending the Brinker decision, and some have been decided on review. In two of those cases, Flores v. Lamps Plus (Lamps Plus Overtime cases) and Hernandez v. Chipotle, courts issued decisions that were favorable for employers — in both, the courts denied class certification.

The Brinker court held that employers must only provide a meal break and not ensure it is taken. In light of this finding, the Lamps Plus and Hernandez courts found that whether the employer was liable for a meal break violation required an individualized inquiry as to why any particular employee missed a specific break. 

As a result, class certification was not appropriate because courts would have to consider individual issues and facts to make a determination about employer liability. These cases were both initially published. 

However, the employee plaintiffs asked the California Supreme Court to review the decisions. The Supreme Court denied review, but at the same time depublished the cases. The decision to depublish these cases is an indicator that the Court disagreed with the underlying analysis on the class certification issue. 

California employers still face a tough legal landscape. Wage-and-hour class action suits will not disappear any time soon. 

The U.S. Department of Labor’s Office of Disability Employment Policy and the U.S. Department of Defense’s Office of Diversity Management and Equal Opportunity recently launched the 2013 Workforce Recruitment Program (WRP) database. 

The database contains nearly 3,000 profiles of postsecondary students and recent graduates with disabilities, including veterans. According to a press release announcingthe launch, the candidates have been interviewed and pre-screened by federal recruiters.

Private sector employers can access the WRP through ODEP’s national Employer Assistance and Resource Network’s website or by making a toll-free call to 855-275-3276.

On the surface it looks like California is maintaining a moderate momentum, according to the latest report of the California Chamber of Commerce Economic Advisory Council (EAC).

In September 2012, the state added 262,000 jobs on a year-over-year-basis; the second fastest year-over-year absolute nonfarm job growth in the nation behind Texas.