Virginia Human Resources Today - Summer 2008 - (Page 13)

Legislative Update Karen S. Elliott, Esq. Legislative Director Legislative Roundup: Immigration, Identity Theft and FMLA provision became effective on July 1, 2008 and is found in Virginia Code §13.1-753. In addition, all public bodies are now required to provide in every written contract for the performance of goods or services in the Commonwealth that the contractor does not knowingly employ an unauthorized alien as deﬁ ned in the federal Immigration Reform and Control Act of 1986. This also became effective on July 1, 2008 and is found in Virginia Code § 2.2-4311.1. The new state identity theft provision includes a positive disclosure requirement in the event of a data breach. If computerized data that contains personal information is breached such that the breach will reasonably cause or will cause identity Immigration and identity theft issues impacting employers top the list of new state legislation from the 2008 Virginia Session; preparation for the ﬁ nal federal Family and Medical Leave Act (“FMLA”) regulations looms in the near future. As noted in previous articles, it was clear that the Virginia legislature was intent on passing immigration based legislation, if only to send Congress a message. Legislation did pass, but Virginia employers need be concerned only if convicted of violating federal statute 8 U.S.C. §1324a(f), which penalizes employers for hiring or continuing to employ unauthorized workers. The legislation that passed provides that the authority of certain business entities to operate in the Commonwealth may be terminated or revoked, for at least a year, upon a conviction of that federal law. This In preparation for the final FMLA regulations anticipated this fall, employers will want to be sure to have up-to-date job descriptions describing the essential functions of the position to hand out with the FMLA eligibility notices. 13

Table of Contents Feed for the Digital Edition of Virginia Human Resources Today - Summer 2008

Virginia Human Resources Today - Summer 2008 Contents 2008 State Council Officers and Directors President’s Message: Treasure Hunt Hire the Best, Keep the Best Legalislative Update: Legislative Roundup 2008 Conference and Expo Preview Virginia Universities Score Big at the Southerst Regional HR Games! Retention: A Strategic Approach The Top Ten Best Practices for Retention Employee Recognition and Retention Tactics for Winning the Talent War Your SHRM Southeast Regional Team Index to Advertisers Advertisers.com

Virginia Human Resources Today - Summer 2008

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