As our neighbors along the Gulf Coast continue to deal with the aftermath of Hurricanes Katrina, Rita, and now Wilma, a number of federal agencies are offering relief to hurricane victims through a variety of employment initiatives. These initiatives not only affect companies along the Gulf Coast, but also those outside the region, as hurricane survivors temporarily, or permanently, relocate to various cities and towns across the nation.
Temporary Waiver of I-9 Sanctions
On September 6, the U.S. Department of Homeland Security (DHS) announced that it will not bring sanctions against employers for hiring individuals evacuated or displaced by Hurricane Katrina, and as a result are currently unable to provide identification documentation normally required under Section 274A of the Immigration and Nationality Act. DHS will review this policy at the end of 45 days and make further recommendations.
COBRA Notice and HIPAA Coverage Deadlines Extended
The U.S. Department of Labor and Internal Revenue Service (IRS) have extended applicable deadlines for COBRA continuation coverage (including, especially, the notice requirements) and HIPAA (including the continuity of coverage provisions) for victims of Hurricane Katrina.
These extended deadlines are provided to affected companies and individuals from August 29, 2005 and January 3, 2006. If necessary, companies may have additional time to locate displaced workers to issue COBRA notices. In addition, individual workers have greater protection against pre-existing condition exclusions for any gaps in coverage of more than 63 days.
http://www.dol.gov/ebsa/regs/fedreg/final/2005018901.pdf
Treasury and IRS Allow Tax Relief to Encourage Leave-Donation Programs
The Department of the Treasury and IRS announced tax relief intended to support leave-based donation programs in an effort to further aid hurricane victims in the Gulf Region. Under these programs, employees can donate their vacation, sick-time or personal leave in exchange for employer cash payments made to qualified tax-exempt organizations providing relief for the victims of Hurricane Katrina.
http://www.treasury.gov/katrina/
OFCCP Exemption
The U.S. Department of Labor has granted a limited exemption and waiver from certain Office of Federal Contract Compliance Programs (OFCCP) paperwork requirements. This limited exemption and waiver from the written Affirmative Action Program (AAP) applies only to contractors providing Hurricane Katrina relief. Federal contractors must still provide workplace postings, continue record keeping and retention, and continue listing job openings with local employment service offices. The exemption and waiver is for in place for three months, but subject to a possible extension should special circumstances arise.
http://www.dol.gov/esa/ofccp/pdf/Katrina1.pdf
Suspension of Davis-Bacon Act Requirements
On September 8th, President Bush sent a letter to Congress suspending application of the Davis-Bacon Act, which is the federal law that sets workers’ pay on federal construction contracts, for the Gulf areas of Alabama, Florida, Louisiana and Mississippi.
Employment Sources for Job Seekers and Providers
The Department of Labor has set up the job resource center on the web—The Katrina Recovery Job Connection. The Web site is designed to assist three specific areas: 1) individuals seeking new, full-time employment either in their home state or in a new state; 2) individuals wishing to assist in the clean-up and rebuilding efforts through temporary employment; and 3) employers who want to list jobs supporting hurricane recovery efforts or want to hire workers affected by the hurricane. The Katrina Recovery Job Connection can be found at http://www.jobsearch.org/katrinajobs or through America's Job Bank at http://www.ajb.org and click on Katrina Jobs.
In addition, Monster.com has also set up a Web site for employers and prospective employees at: http://hurricanerelief.monster.com/. Employers can post jobs for dislocated victims of Katrina at no cost. If you would like to post a job associated with the reconstruction effort, or would like to hire those impacted by the hurricane, please call (1-800) Monster for a FREE job posting. All free job postings must be for positions created as a direct result of the hurricane or those designed exclusively for hurricane victims.
Unemployment & Workers Compensation Information
To file unemployment claims, workers can contact the Labor Department, which has a toll-free number (1-866) 4-USA-DOL) and a webpage, http://www.dol.gov (Hurricane Recovery Assistance Page), set up to help evacuees file unemployment insurance claims.
It will take months, if not years, for the Gulf Coast regions impacted by Hurricanes Katrina, Rita, and Wilma to be rebuilt. Hopefully, these federal initiatives can help the people impacted begin to rebuild their lives even sooner.
