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Legislative Update
A number of pieces of legislation have been introduced this year that, if passed, would impact employers. Most important is the new poster required by the NLRB, which has been discussed in detail in prior issues. Below is an update that was issued on October 5, 2011 delaying the implementation of the bill.
I. NEW: Implementation of NLRA Posting Delayed
The National Labor Relations Board has postponed the date by which employers are required to post its new notice advising employees of their rights under the National Labor Relations Act by more than two months. The new effective date is January 31, 2012. The delay was implemented to allow for enhanced education and outreach to employers, particularly those who operate small and medium sized businesses.

According to the NLRB, the decision to extend the rollout period followed queries from businesses and trade organizations indicating uncertainty about which businesses fall under the Board’s jurisdiction, and was made in the interest of ensuring broad voluntary compliance. No other changes in the rule, or in the form or content of the notice, will be made.

II. The Electronic Employment Eligibility Verification and Illegal Immigration Control Act (HR 483)
This bill would establish a toll-free telephone or electronic media-based employment eligibility verification system to ensure that all workers in the United States are legally able to work. The system would be required to:

(1) provide verification or tentative non-verification of an individual's identity and employment eligibility within three days of an inquiry, and
(2) provide, in the case of tentative non-verification, a secondary process for final verification or non-verification within 10 days

Among the provisions of the bill, If passed, it would require the Commissioner of Social Security to develop a process for comparing names and social security numbers against appropriate databases in response to employer inquiries, and also require development of a process for comparing names and alien identification or authorization numbers and to investigate uses of the same social security number that suggest fraud. It would also provide immunity from civil or criminal liability for a person or entity who takes action in good faith reliance on verification system information. In addition, it would set forth employer verification requirements with respect to an affirmative defense to liability for employment of unauthorized workers, including revision of attestation and retention of verification form provisions. There would be limits on the collection and use of data from the verification system. It would also expand the employment eligibility verification system to include: (1) previously hired individuals, and (2) recruitment and referral.

Employer Requirements
Under the Act, there would be (1) voluntary employer verification using such system two years after enactment of this Act for previously hired individuals, (2) mandatory employer verification three years after enactment of the Act by federal, state, and local governments, and the military for employees not verified under such system working at federal, state or local government buildings, military bases, nuclear energy sites, weapons sites, airports, or critical infrastructure sites, and (3) mandatory employer verification six years after enactment of this Act for all employees not previously verified under such system.

III. Living American Wage (LAW) Act of 2011 (HR 283)
If passed, the LAW Act would: 1) Adjust the federal minimum wage every 4 years so that a person may earn an annual income at least 15% higher than the federal poverty threshold for a family of two; 2) set the wage at a level high enough to allow two full-time minimum wage workers to earn an income above the national housing wage; and 3) allow Congress, any state or U.S. territory or possession, any Indian tribe, or local or state government to establish a higher minimum wage requirement than that established in this Act.

IV. Protecting Jobs From Government Interference Act (HR 2587)
HR 2587 was introduced on July 19, 2011 by Rep. Tim Scott of South Carolina in response to the NLRB complaint against the Boeing Co. for its decision to place an assembly line at a non-union plant in South Carolina. The NLRB claims that Boeing's decision was illegal retaliation for prior strikes by unionized worker's at the Company's operations in Washington state.

On September 15, 2011, the House proceeded with 10 minutes of debate on the Bishop (NY) motion to recommit with instructions. The instructions contained in the motion seek to require the bill to be reported back to the House with an amendment prohibiting the Act from limiting the National Labor Relations Board's authority to order an employer to maintain or restore jobs within the United States that have been or will otherwise be outsourced to a foreign country in violation of the National Labor Relations Act. The bill was then Received in the Senate on September 15, 2011 and placed on Senate Legislative Calendar.
If you have any questions about these topics or any other employment or labor law issue, please call me at 414-988-8404 or contact me via e-mail at: Thanks.

Posted 11/03/2011.
If you have any questions or comments, please contact me at 414-423-1330 or via e-mail at:
Thomas P. Krukowski, Esq.
Krukowski & Costello, S.C.
Legislative Partner

Krukowski &
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