Watch out for UIA scams:  As many Michiganders are facing challenges in applying for and obtaining unemployment benefits, some are turning to social media seeking help or answers to questions.  Attorney General Nessel wants Michiganders to be aware that offers to assist claimants with the benefit process may be scams, and that the answers provided to unemployment-related questions on social media may contain misinformation that encourages claimants to commit fraud.  Michigan residents currently facing challenges regarding unemployment benefits, should be mindful of the following when sharing their frustrations online:  

• Do not fall for scams. If a post is offering to help you with any portion of the benefit process for a fee, do not fall for it. There is no guarantee that the person behind the post actually can or intends to assist you, and you may never receive the services you pay for. In addition, if a user offers to assist you and requests your personal information, do not fall for it. This is likely an attempt to steal your personal information to commit identity theft and obtain the benefits that you are rightfully entitled to. 

• Answers may not be accurate. The information provided on social media has not been vetted and may not be accurate. While the answers may seem – at first glance – to provide quick fixes, you may ultimately be led down the wrong path. This could result in further delays in your receipt of benefits, the denial of benefits, and in the case of fraud, administrative or criminal penalties.  

• Remember: If it sounds too good to be true, it probably is.  To ensure you have accurate information and follow the proper channels, visit the Michigan Unemployment Insurance Agency’s (UIA) website.  Claimants may also call the UIA Customer Service line at 866-500-0017 Monday through Friday from 8:00 a.m. to 6:00 p.m. and follow the prompts.   Source:  Department of Attorney General

Summer camp cancelled, employee may be eligible for FFRCA:  Workers can take federal Coronavirus leave to care for kids if the pandemic disrupted a demonstrable plan to send them to summer camp, even if they weren't enrolled when the virus hit, the U.S. Department of Labor said Friday in one of two new COVID-19 guidance letters. Covered workers can take off if their child was already set to attend camp, but other "affirmative steps short of actual enrollment may also be sufficient," DOL Wage and Hour Division Head Cheryl Stanton said.  "For example, if the summer camp or program has an application process, submission of an application before the camp's closure may establish the camp or program as the child's planned place of care during the summer; submission of a deposit may also establish intent to enroll," Stanton said.  Source:  Law360 6/26/20

USCIS posts temporary policies for I-9:  The U.S. Citizenship and Immigration Services, has posted Form I-9 related examples for temporary COVID-19 policies. The examples show how DHS recommends you notate Form I-9 when remotely inspecting employment authorization and identity documents, and how to perform the required physical inspection once normal operations resume. The examples are posted at: https://www.uscis.gov/i-9-central/form-i-9-examples-related-temporary-covid-19-policies.  Source:  USCIS 6/26/20

July 1^st the United States-Mexico-Canada Agreement(USMCA) is live:  The USMCA’s entry into force marks the beginning of a historic new chapter for North American trade by supporting more balanced, reciprocal trade, leading to freer markets, fairer trade, and robust economic growth in North America. The Agreement contains significant improvements and modernized approaches to rules of origin, agricultural market access, intellectual property, digital trade, financial services, labor, and numerous other sectors. These enhancements will deliver more jobs, provide stronger labor protections, and expand market access, creating new opportunities for American workers, farmers, and ranchers. You can also find additional details on the U.S. Customs & Border Protection work to implement USMCA here.    Source:  White House Offices of Public Liaison and Intergovernmental Affairs 6/29/20

Starting July 1 Wage and Hour will not seek liquidated damages in pre-litigation settlements: Effective July 1, 2020, the U.S. Department of Labor (DOL) will pull back on seeking liquidated damages in pre-litigation settlements of wage claims and investigations.  The change in policy, announced in Field Assistance Bulletin 2020-2, is significant, as liquidated damages can equal 100% of the back pay deemed to be owing, potentially resulting in “double damages” for wage violations. Per the new guidance, WHD will not assess pre-litigation liquidated damages if any of the following circumstances exist: there is no evidence of bad faith or willfulness; the employer’s explanation for the violation shows that it was the result of a bona fide dispute of unsettled law under the Fair Labor Standards Act (FLSA); the employer has no previous history of violations; the matter involves individual coverage only; the matter involves state and local government agencies or other non-profits;  the matter involves “complex” FLSA § 13(a)(1) or § 13(b)(1) exemptions.  Source: Proskauer 6/27/20

Dreamers are still protected under law:  A deeply divided Supreme Court blocked the Trump administration Thursday from ending a popular program that allows nearly 650,000 young, undocumented immigrants to live and work in the U.S. without fear of deportation.  Chief Justice John Roberts, who wrote the majority opinion, called the Department of Homeland Security's action "arbitrary and capricious," therefore unlawful. The ruling was 5-4: The court's four liberal justices agreed, and the four conservative justices dissented. Employers are breathing "a sigh of relief for today but they still need to remain on guard with DACA employees if they have any or if they plan to hire any in the future," stated Nandini P. Nair, a partner at Greenspoon Marder. DACA has also proven important to employers’ strategies for attracting talent: "While the pandemic has altered the employment landscape, many are still struggling to fill these high-skill positions," Richard Burke, president and CEO of immigration services provider Envoy Global said. "[Employers] know that these folks are here and working and have a tremendous amount to offer to their company and the economy." Source: USA Today 6/18/20, HR Dive 6/19/20

Salary history bans equate to higher starting pay:  A Boston University paper released this week found that states that have banned salary history questions in job recruitment led to 13% higher pay for African-American applicants and 8% higher pay for female applicants. "We have a situation where employers might not be personally biased, but they are taking actions that result in substantial inequities for discriminated groups," says study author James Bessen. "What the salary history ban does is it takes away that bargaining advantage from employers,” Mr. Bessen said.  Source:  Wall Street Journal 6/18/20