Are there some human resources topics that you find particularly complex and confusing? Are you new to human resources and struggling with getting started? Are there legal areas you suspect your organization is getting wrong and you’d like some help to get it right?
We’re preparing the HRSentry® monthly webinar schedule for 2012 to give subscribers timely online trainings they can really use. If you can’t attend at a webinar’s scheduled time, we always upload the slides and a recording of the presentation into HRSentry®’s training libraries so you may view them at your convenience. Our aim is to focus on topics that are the most helpful to as many of our subscribers as possible.
Here are some topics being considered for 2012, based on the resources subscribers seem most drawn to and on attendance at our 2011 webinar trainings:
The Basics of Human Resources
The Family and Medical Leave Act (FMLA)
The Fair Labor Standards Act (Overtime Regs)
How to Avoid Unlawful Termination Lawsuits,
The Whys and How-tos of Job Descriptions,
Understanding COBRA Administration
Ask the Pro (HR Legal Questions Answered in Real Time)
Creating An Employee Handbook
Organizing Personnel and Other HR Files—What to keep, how long and where?
Social Media in the Workplace
Sexual Harassment Awareness
What do you think? Let us know your thoughts on these or feel free to suggest other HR topics. We’d love to give you the online training programs that help you the most. Please contact us at: support@hrsentry.com.
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.
The US Department of Labor (DOL) is stepping up efforts to crack down on the misclassification of workers as independent contractors rather than as employees. According to its press release, the DOL, in partnership with the IRS, has signed memorandums of understanding (MOU) with agencies or officials in 11 states (Connecticut, Maryland, Massachusetts, Minnesota, Missouri, Utah, and Washington, Hawaii, Illinois, and Montana, and New York.) The intent is to provide better information sharing as well as enforcement efforts aimed at employers that misclassify workers.
There is a strong financial motivation for employers to hire independent contractors rather than employees in the avoidance of a number of expenses: social security and Medicare taxes, unemployment and workers’ compensation premiums, overtime pay and employee benefits. Yet, classifying workers as independent contractors should always be done carefully, particularly in light of heightened scrutiny. There are somewhat different standards related to the Fair Labor Standards Act (FLSA) and used by the IRS. Under the FLSA, courts have looked at the following factors:
1. The extent to which the services rendered are an integral part of the principal’s business.
2. The permanency of the relationship
3. The amount of the alleged contractor’s investment in facilities and equipment.
4. The nature and degree of control by the principal.
5. The alleged contractor’s opportunities for profit and loss.
6. The amount of initiative, judgment, or foresight in open market competition with others required for the success of the claimed independent contractor.
7. The degree of independent business organization and operation.
The IRS looks at the degree of control and independence the worker has related to the following three categories:
1. Behavioral: Does the company control or have the right to control what the worker does and how the worker does his or her job?
2. Financial: Are the business aspects of the worker’s job controlled by the payer? (these include things like how worker is paid, whether expenses are reimbursed, who provides tools and supplies, etc.)
3. Type of Relationship: Are there written contracts or employee type benefits (i.e. pension plan, insurance, vacation pay, etc.?) Will the relationship continue and is the work performed a key aspect of the business?
Employers would be well-advised to review both sets of standards in relation to its hiring of independent contractors. Further guidance is available at IRS.gov and DOL.gov.
Do you friend on Facebook? Are you linked in via LinkedIn? Do you tweet on Twitter? If you said yes to any of these, you join millions of others in the ever expanding, ever changing world of social media. If you said no, or even if you don’t know exactly what these things are or how they work, chances are you will encounter them soon in your workplace, if not personally.
The power of social media cannot be underestimated. Facebook helped fuel the Arab Spring and BlackBerry Messenger usage is propelling current rioting in cities across the U.K.; so much so, in fact, that the Prime Minister is calling for its suspension to quell the violence.
Organizations are embracing social media for a host of business purposes: sales, marketing, PR and recruiting to name a few. Even those that don’t due to small size or mere reluctance are bound to have to pay attention to social media simply because their employees already are. To help you manage the issues social media usage creates for your organization, HRSentry provides its subscribers with a sample social media policy. There is also a webinar taking place August 18th at 2:00 pm EDT to help you learn more about what various social media are and the myriad effects on the workplace. HRSentry webinars are always free for subscribers.
So don’t keep your head in the sand. With its ever growing power, you need to understand how social media can affect you, your employees and your organization.
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.
