Employment Regulations and Restrictions
Immigration, Minors, Overtime
Evidence of Right to Work in the United States
All newly hired employees must prove their identity and right to work in the United States. Based on the Immigration Reform and Control Act of 1986 (IRCA), it is illegal to hire an unauthorized worker. Employees must provide evidence to employers verifying their identity and right to work in the United States. Acceptable evidence/documents are listed on Form I-9.
In order for employers to protect themselves from penalties, all parishes on the Diocesan Payroll Service are requested to adhere to the requirements listed below. Please pay special attention to item 3 below. It is a requirement per IRCA.
At the time of hire employers are required:
- to have employees fill out Section 1 of Form I-9, Employment Eligibility Verification
- ensure that employees provide original documentary evidence of their identity and eligibility
- complete properly and sign the employer’s portion of I-9 (Section 2) within 3 days of the date of hire. Forward the Form I-9, along with the copies of ID’s submitted by the employees to the Diocese as part of the completed payroll enrollment packet.
The employer (parishes on the Diocesan Payroll) is responsible for ensuring completion of the entire form. The employer must complete section 2 of the Form I-9 by no later than close of business on the employee’s third day of employment services. The employer must review documentation presented by the employee and record document information on the form. Proper documentation establishes both that the employee is authorized to work in the United States and that the employee who presents the employment authorization document is the person to whom it was issued. The employer should supply to the employee the official list of acceptable documents for establishing identity and work eligibility.
The employer may accept any List A document, establishing both identity and work eligibility, or combination of a List B document (establishing identity) and List C document (establishing work eligibility), that the employee chooses to present. (the documentation presented is not required to substantiate information provided in Section 1). The employer must examine the document(s) and accept them if they reasonably appear to be genuine and relate to the employee who presents them. Requesting more or different documentation than the minimum necessary to meet this requirement may constitute an unfair immigration-related employment practice. If the documentation presented by an employee does not reasonably appear to be genuine or relate to the employee who presents them, employers must refuse acceptance and ask for other documentation from the list of acceptable documents that meets the requirements. An employer should not continue to employ an employee who cannot present documentation that meets the requirements.
Employment of Minors and Students
Minors under the age of 14
Employment is generally prohibited, unless the minor is working for a parent, and even those jobs cannot be hazardous or in mining or manufacturing. The minimum age and hours restrictions are greatly relaxed for agricultural occupations, especially where his or her parents employ the minor. Minors working as actors or performers in the movies, television, theater or radio are exempt, as are all news carriers and home workers making Christmas wreaths.
Employers can protect themselves from child labor violations by getting from the minor proof of age in the form of an age certificate (working papers) approved or recognized by the Wage and Hour Division. Employers should request an age certificate for all prospective employees who claim to be at or near the required age for employment to protect themselves against later charges, should the minor’s documents prove to be false.
Students claiming tax-exempt status
High school and college students filing a W-4 form are not automatically exempt from withholding taxes, even though their prior year’s withholding was totally refunded. They must meet all the tests for exemption required by the IRS, including the $750 limit on income (including $250 in non-wage income) for dependents. A claim of exemption from withholding is effective for one year only. A new form W-4 must be filed by February 15th of the following year.
Overtime for Non-Exempt Employees
In accordance with the Wage and Hour provisions of the federal Fair Labor Standards Act, overtime for non-exempt employees is to be compensated for by overtime pay or compensatory time off after 40 hours of work in a week (Sunday through Saturday). There is no overtime paid for work beyond eight hours a day or for work on a day off unless the weekly time exceeds 40 hours. Overtime is paid from the point the 40-hour total is reached.
Up to 40 hours of work in a regularly scheduled workweek is paid at the regular salary rate. Work after 40 hours is to be paid at a rate of time-and-a-half of the regular salary rate. If time off is given in lieu of overtime pay, it must be taken within the same pay period and on the basis of one and one-half hours taken for every hour of overtime worked.
Overtime does not apply to exempt employees. As defined in the Fair Labor Standards Act, exempt employees generally are in executive, administrative, professional, and outside sales categories.
New overtime regulations took effect August 23, 2004. These regulations are designed to strengthen overtime protection for more than six million American workers based on the Department of Labor [DOL] release of the “FairPay” rules. The new regulations make significant changes to the exemption law related to the “minimum weekly salary” requirement and the “performance of certain job-related duties” requirement. For a detailed explanation on all areas of the FairPay rules, including details of the job duty requirements for each exemption, please visit the DOL website.
Administrative and Financial Contacts