When it comes to I-9 forms (you know, the federally required employment eligibility verification forms required whenever you hire someone) a few lucky employers will deal with common circumstances 99% of the time and won’t be overly fazed by compliance issues if they are meticulous and well-educated on the law. But there are a surprising number of nuances that even experienced employers may not be aware of. For superb guidance, the Department of Homeland Security’s U.S. Citizenship and Immigration Services (USCIS) provides an easy to read, 69-page brochure.
Don’t be put off by the number of pages. This color brochure, replete with photos, is an excellent reference guide, addressing just about anything you might encounter, including re-hires and the hiring of minors, individuals with disabilities, lawful permanent residents and refugees. The format is well laid out, uses clear language, and provides samples and Q&As. All employers, but especially those new to human resources, small businesses just starting out, and employers with more unusual hiring and documentation situations, are encouraged to review it thoroughly. Because of its friendly format, it’s well worth the read.
We don’t want to replicate such comprehensive USCIS guidance here; but the following are a few basic tips to help you avoid compliance trouble:
I-9 forms must be completed for all new employees, hired after November 6, 1986, even if just for one day of work. The form is never to be completed by applicants, only new hires or those who’ve received an offer of employment. Also, don’t use the form with bona fide independent contractors.
As soon as a candidate accepts your offer of employment, let him or her know the I-9 form is a requirement of employment. Send the form with the list of acceptable documents in advance if there’s time. The law says the form needs to be completed within three days of hire but get it done on the new employee’s first day. The employee may fill out Section 1 at any time after they receive an offer of employment until their first day of work.
Remind new hires, through email or by phone, a day or two before their start date to bring their ID–one from List A will suffice OR they may bring one from List B and one from List C.
Acceptable documents must be original, not copies. If the employee has lost a document, such as an original Social Security card, you may accept as documentation a receipt of their application for a one. The receipt is good for just 90 days; after that the person has to show you the newly issued document.
Providing a Social Security number on Form I-9 is voluntary for all employees unless you are an employer participating in the USCIS E-Verify program, which requires an employee’s Social Security number for employment eligibility verification.
According to the law, you don’t have to photocopy the documents the person provides but it’s a good idea and may demonstrate your good faith effort to comply. What you do for one employee, however, you must do for all. Always apply your policies and practices across the board to avoid any appearance of discrimination. Also, if you retain photocopies, keep them in the employee’s file or with their I-9 form.
Keep I-9s separate from the employee’s personnel file. I-9s can be retained either on paper, microform, microfiche or electronically. See pages 23-25 of the USCIS brochure for the specifics of these various retention formats.
If you rehire someone within three years of the date the employee’s original verification, the original I-9 may be used by completing Section 3. Otherwise be sure to use a new form.
You must retain an employee’s completed I-9 for as long as the individual works for you. Once s(he) terminates, the form is to be kept for either three years after the date of hire, or for one year after the date employment is terminated, whichever is later. It’s a good idea to weed out I-9s you are no longer required to retain. As long as you remain methodical and meticulous about destroying only those no longer needed, your risk exposure will be reduced in the event of an audit. Fewer forms, fewer mistakes.
Article contributed by Kyle Lagunas, the HR Market Analyst at Sofware Advice:
HR is shifting its focus away from its traditional administrative functions and towards strategically growing and developing talent in the workforce. This trend—what analysts are calling strategic HR—is due largely in part to advancements in HR technology. The adoption of cloud-based software solutions has made this transition possible for organizations large and small. For leaders interested in developing a more valuable workforce, it is important to understand what, exactly, strategic HR is.
In broadening the scope beyond their traditional functions, HR professionals are taking on new roles as organizational advocates, talent coaches and workforce consultants. This hybrid of HR functionality oversees three core strategic HR functions:
Talent Management focuses on acquiring, on-boarding, and developing talent through employees’ entire life-cycles within organizations.
Learning Management focuses on managing the process of developing hard and soft skills, monitoring certifications, and rolling out training courses.
Workforce Management focuses on processes managers rely on to manage daily staffing tasks such as time tracking and shift scheduling so they can focus on big picture operational needs.
The adoption of web-based HR software has been a key driver in the development of strategic HR. Solutions focused on best practices involve both managers and employees in important processes like on-boarding and performance reviews. By automating administrative HR functions, organizations can take a strategic perspective on big-picture practices such as hiring better people and improving talent effectiveness.
Richard Vosburgh, VP of Talent & Organizational Effectiveness and Chief Talent Development Officer at KEMET Electronics, advocates the value of both the “essential and the transformational” functions of HR. Organizations that have mastered both the essential and transformational have seen a major impact on their organizational effectiveness. In 2007, a study conducted by The Hackett Group, HR Best Practices, found that organizations with “World Class HR” lowered labor costs, increased HR efficiency and drastically reduced turnover.
Impact of Strategic HR Graph
When taking the first steps towards implementing strategic HR, Vosburgh suggests leveraging people resources in your organization with what he calls “dual-hatting projects.” For example:
Assign your HR manager to develop an internal branding and company culture campaign.
Work closely with the controller to develop realistic and informed hiring and growth strategies.
Ask your hiring managers create a section in the application process specifically suited to their division.
Organizations that are serious about transitioning into strategic HR should be prepared for some growing pains. Safeguard yourself and your organization, and take time to put in your due diligence now. If you do your homework, research best practices and compare software to find what best fits your unique organization, you can ease this transition. Establishing an effective, strategic HR framework that can grow with your organization over time is no small task, but it’s undoubtedly worthwhile.
Join us on Thursday July 21, 2011 from 2:00 – 3:00p.m. for a webinar titled The Fair Labor Standards Act. The FLSA affects and needs to be understood by every employer. This webinar will visit the most important facets including exemptions, overtime calculations and some recent additions to the law. Avoid hassles and fines by making sure you are in compliance!
Colchester, VT – HRSentry, a leading provider of online services for human resource regulatory compliance, has partnered with LegalZoom, the nation’s leading online legal document service, to form a strategic partnership. This partnership will give LegalZoom users access to HR Made Simple, HRSentry’s online human resource center, as part of the LegalZoom Business Resource Network. The partnership provides LegalZoom customers with access to federal and state employment laws, and human resources forms, policies, procedures, posters and training.
LegalZoom provides a simple, cost-effective way for people to establish a new legal business entity. HRSentry’s services are offered as part of The Business Resource Network, a group of carefully selected business service partners that LegalZoom has chosen to recommend to its customers.
“We couldn’t be more excited about offering HRSentry to our new and existing business owners,” says Steven Chic, Director of Business Development for LegalZoom. “HRSentry’s one-stop shop for HR compliance let’s our customers focus on their business – leaving human resource compliance issues to the pros.
“Being selected as a partner on LegalZoom Business Resource Network has been an incredible experience,” said Dean Haller, founder and President of HRSentry. “This partnership is a natural fit and will give thousands of small businesses the support they need to save time and avoid costly lawsuits.”
About HRSentry
Since being founded in 2003, HRSentry’s mission has been to create, deliver, and support services and training that empower the organization to be self-sufficient in administration of its Human Resource policies, practices, and procedures. HRSentry’s services enable the user to access Human Resource forms, policies, and procedures; link to federal and state laws, regulations, and resources and expand their knowledge of HR through state-of-the-art training mediums. For more information visit www.hrsentry.com.
About LegalZoom
LegalZoom.com is the nation’s leading provider of legal documents that help people protect their families and launch their business dreams. Since its founding in 2001, more than 1 million customers have used the service to make a will or living trust, form a corporation or LLC, and apply for a copyright or trademark. LegalZoom is not a law firm and does not provide legal advice. Headquartered in Glendale, California, with offices in Austin, Texas, the company has over 400 employees. For more information, visit www.legalzoom.com.
For more information contact:
Topher Liddle, HRSentry, 1-800-523-2564, topher@hrsentry.com
Last chance to sign up for a course on “Motivating Employees for Optimal Performance”. HRSentry has teamed up with Champlain College’s Professional and Executive Development Center to offer a series of online workshops in human resource management. Now more than ever, it is important to handle your HR challenges professionally and with minimal risk. This HR series is designed to help small to medium size organizations gain the expertise they need to manage risk and at the same time, provide excellent service and a welcoming workplace environment to employees.
These workshops are facilitated by human resource experts and SHRM accredited, yet are completely asynchronous so you may attend the sessions at whatever time of day is convenient for you.
Best Value! Save 25% by enrolling in all 4 workshops
