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.
As far-reaching and ubiquitous as the Fair Labor Standards Act (FLSA) is, it’s easy for employers miss some key points. Last week, we brought you a few highlights from HRSentry’s July webinar in case you were unable to attend. This week, we’ve got a few more basic tips on avoiding common errors:
1. Never determine exempt/non-exempt status of a position based on its title. Titles can mean anything! The FLSA has duties tests and a minimum salary requirement for each of the permitted exemptions so become well acquainted with them and make an individual determination for each position.
2. Don’t mistake the term “hourly” for non-exempt or “salaried” for exempt; a position can be salaried and still be non-exempt; conversely, it’s possible for computer professionals who are paid hourly to be exempt. So use the terms exempt and non-exempt if that’s what you mean.
3. It’s common sense that we pay overtime to non-exempt staff for any hours worked that exceed 40 in a work week. But what’s a work week? You establish the work week for your organization based on seven consecutive 24-hour periods. For instance, you might choose Sunday through Saturday or you might choose Friday through Thursday. But once you define your organization’s workweek, you pretty much have to stick with it. That doesn’t mean you can never change it, but such a change would be rare and you must never change a workweek simply to avoid paying overtime premiums.
4. There are also some common misconceptions among employees and employers about what the FLSA mandates. You should know, for instance, that the FLSA does not require: paying a premium for weekend or holiday work; paying a premium for work that exceeds 8 hours per day; a certain number of sick, vacation or holidays or other fringe benefits. But make sure you are aware of the laws in your state that may cover these or other employment-related benefits. For instance, Connecticut recently enacted a law mandating sick leave for certain employees under certain circumstances. So always check your union contracts, if you have any, and state laws that may mandate benefits or protections that exceed those of the FLSA.
The Fair Labor Standards Act (FLSA) is one of the broadest of employment laws in that it affects almost every employer and employee in the nation. If you missed HRSentry’s webinar last week, I’d like to give you a synopsis of some of the essentials. Of course, just as it was impossible to cover everything about the FLSA via a 60 minute webinar, it’s impossible to cover everything about that webinar here. But we’ll list a few items to help you “know what you don’t know” so that you can check further to make sure you’re in compliance:
The minimum wage is $7.25 per hour but if your state’s minimum wage is higher, the law is explicit that you need to pay the higher wage.
Be sure to analyze every position in your organization regarding its Exempt or Nonexempt status. HRSentry, by the way, helps you do that and create legally compliant job descriptions that document the proper exemption through it’s Job Descriptions Made Simple tool which links to the US Department of Labor’s fact sheets.
Familiarize yourself with the term, “regular rate of pay”, as outlined by the FLSA. This rate may or may not coincide with an employee’s hourly rate. There may be extra payments (e.g. nondiscretionary bonuses, sales commissions, piece work, etc.) which must be included when you calculate the overtime premium of 1.5 times the employee’s regular rate of pay.
Familiarize yourself with what must be included in an employee’s number of “hours worked.” Often you must include: training time, travel time that coincides with the employee’s work hours (even if the travel occurs during days when the employee would not normally work, such as a weekend for a Monday through Friday employee,) breaks of less than 20 minutes, meal times of less than 30 minutes, waiting time, time for “donning and doffing” of clothing and safety equipment, certain “on call” time and more. Perhaps most important to note: you must pay for all time worked, even if it has not been authorized and you have a policy requiring pre-authorization. You may, of course, discipline an employee who has violated a policy; however, if the time has been worked, you must pay for it.
You must provide break times for a nursing mother whenever she needs to express breast milk for her child up to the child’s first birthday. You also must provide a private place for her to do so that is not a bathroom. It’s interesting to note that Exempt employees are not covered by this protection. But I think it’s well worth it to treat all nursing mothers the same.
There’s always more to learn about the Fair Labor Standards Act and we’ll continue to provide you with tips and information. There’s also lots of great information on the US Department of Labor’s website as well as through HRSentry’s FLSA Kit, found under the HR Topic Modules link within its HR Resources.
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!
