By Kimberly Seten

Several state and federal laws have been revised or have changed over the past year. This article provides a summary of some recent develpments that might affect your business.

New I-9 Form
In June 2007, the U.S. Citizenship and Immigration Services (CIS) issued a revised Employment Eligibility Verification form, commonly referred to as the "I-9 form." CIS also updated the Handbook for Employers: Instructions on Completing the Form I-9. While the new form did not change significantly in looks, it is crucial that employers use the new form (dated June 5, 2007), as the CIS no longer accepts the older form (dated May 31, 2005). CIS has stated that employers who do not use the new form could be subject to fines and penalties.

It is important to note that the new I-9 form only needs to be used for new hires. There is no need for employers to ask existing employees to fill out the new version of the I-9. The new I-9 form and handbook can be found at www.uscis.gov.

Work-Life Balance: A New Protected Class?
In May 2007, the Equal Employment Opportunity Commission (EEOC) announced new enforcement guidance on how employees who care for children, parents or other family members might be subjected to disparate treatment in violation of Title VII and the Americans with Disabilities Act.

Coined "family responsibility discrimination," the EEOC stated that it was not creating a new "protected class" under the anti-discrimination laws, but was merely providing examples of how stereotypes based on sex, race or disability may adversely affect the career paths of employees with childcare, eldercare or other family responsibilities. Remember that the provisions of Title VII and the ADA do not apply to employers with fewer than 15 employees (although state laws may apply).

Primarily, the EEOC's guidance is based on common sense (HR 101). Do not assume that mothers (or fathers) cannot fulfill their job responsibilities or that they will be unreliable. Do not assume they will not want to travel, relocate or get ahead. Do not assume that pregnant women cannot or do not want to work. Do not harass parents or pregnant women.

Employers also should remember that the Family and Medical Leave Act, state leave laws and their own medical and personal leave policies can be come into play in dealing with family responsibility discrimination issues.

Expansion of the FMLA to Include Military Situations
In January of this year, President Bush signed into law the Military Family Leave, the first expansion of the Family and Medical Leave Act since its enactment in 1993. The amendments provide two new FMLA-qualifying events for eligible members of military families. One amendment provides for a one-time leave of up to 26 weeks during a 12-month period for spouses, parents, children or "next of kin" to care for a family member who suffers a "serious injury or illness" while serving in the military. This portion of the law was effective immediately.

Another amendment provides leave rights for a "qualifying exigency" to spouses, parents or children of service men and women who are on active duty or have been notified of an impending call or order to active duty in the armed forces. This amendment is not effective until the Department of Labor issues regulations defining "qualifying exigency." However, if you have an employee who requests leave that you believe might fall under that situation, it is recommended that you grant the leave request or consult with your attorney regarding whether the leave request should be granted.

Minimum Wage: Federal? State? Which One Do I Follow?
On Jan. 1, 2007, Missouri raised its minimum wage to $6.50 per hour with a cost of living adjustment to take effect each year on Jan. 1. Currently, Missouri's minimum wage is $6.65 per hour. Missouri employers with tipped employees must pay the employees 50 percent of the minimum wage, or $3.325 per hour.

The federal government also got in on the act in 2007 and raised the federal minimum wage to $5.85 per hour effective July 24, 2007. The federal minimum wage is set to increase to $6.55 per hour on July 24, 2008, and to $7.25 per hour on July 24, 2009.

What does this mean for Missouri employers? Currently, because Missouri's minimum wage is higher than the federal minimum wage, Missouri employers must pay Missouri's minimum wage. Potentially, Missouri employers may have to switch over to the federal minimum wage on July 25, 2009, if Missouri's minimum wage adjustment, effective Jan. 1, 2009, is less than $7.25 per hour.

Kansas businesses with employees covered by the federal minimum wage must adhere to the federal minimum, as it is greater than Kansas' minimum wage of $2.65 per hour.

Kimberly Seten is an attorney with the law firm of Constangy, Brooks & Smith, LLC, exclusively representing management in labor and employment law. She specializes in helping employers ensure compliance with employment laws and deal with problems before they arise through policy development and training. You can reach her at (816) 329-5904 or .