W. Garnett & Associates: Human Capital Management Solutions » Wes’ Blog http://wgarnett.com Human Capital Management Solutions For The REAL World Thu, 29 Jul 2010 16:34:08 +0000 http://wordpress.org/?v=2.8.5 en hourly 1 Are You an HR Person With an I-9 Mess on Your Hands? http://www.i9okay.com/blog/2010/07/form-i-9-mess-on-your-hands/ http://www.i9okay.com/blog/2010/07/form-i-9-mess-on-your-hands/#comments Wed, 28 Jul 2010 14:21:21 +0000 admin http://www.i9okay.com/blog/?p=353

While you may be a very capable Human Resources expert concerning Form I-9 issues, what if your predecessor was not?  Your company may be at tremendous risk because ICE auditors will not only look at your current I-9 forms, but will also request all of your terminated employees’ forms for the past 3 years.

How many costly I-9 compliance mistakes have been made that you may not be aware of?  We encourage you to take a look at your I-9 files on a regular basis.  You may be shocked at what you find.

If you have inherited an I-9 mess, it may be quite difficult to take those concerns to your boss.  However, you must take a proactive approach to make a good-faith effort to correct the documentation in order to avoid serious government fines.

Form I-9 Compliance Action Steps

  1. Realize the Form I-9 is not as simple as it may appear and that fines for basic clerical mistakes start at $110.00 per form, per employee.
  2. To help your boss understand the serious consequences of Form I-9 violations, emphasize employment eligibility verification is a legal requirement and non-compliance could result in substantial fines for the company.  The best way to avoid disaster is to focus on a full scale clean up of company I-9 procedures.
  3. Get help!  You probably wouldn’t think of auditing the company’s tax records by yourself and you certainly should not consider auditing I-9 compliance by yourself. Over the years, the requirements of the Form I-9 have changed and it is important that any retroactive attempt at compliance be done within the constraints of the law.
  4. Consider electronic completion and storage options.  This may be the best approach to cleaning up the I-9 mess in your file cabinets.
  5. Identify and document “best practices” for moving forward in full compliance.  A qualified I-9 specialist can help develop the right procedures and practices for your business.
]]> http://www.i9okay.com/blog/2010/07/form-i-9-mess-on-your-hands/feed/ 0 Things Have Changed with E-Verify http://wgarnett.com/wes-blog/things-have-changed-with-e-verify/ http://wgarnett.com/wes-blog/things-have-changed-with-e-verify/#comments Tue, 20 Jul 2010 15:06:16 +0000 wgarnett http://wgarnett.com/?p=3602 “On Sunday, June 13th, U.S. Citizenship and Immigration Services (USCIS) rolled out what it claimed to be a newly-designed, improved and user-friendly E-Verify, continuing its promotion and marketing of the E-Verify system with its announcement of a system-wide redesign. The GT compliance team agrees that the look and feel of E-Verify has substantially improved with this update, along with the number of tools now available to employers to track alerts and close cases.”

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W. Garnett & Associates
Human Capital Management
1-888-884-3910

]]> http://wgarnett.com/wes-blog/things-have-changed-with-e-verify/feed/ 0 Child Labor Violations Hits a Phoenix McDonalds Restaurant http://wgarnett.com/wes-blog/child-labor-violations-hits-a-phoenix-mcdonalds-restaurant/ http://wgarnett.com/wes-blog/child-labor-violations-hits-a-phoenix-mcdonalds-restaurant/#comments Tue, 20 Jul 2010 15:00:02 +0000 wgarnett http://wgarnett.com/?p=3601 The department reported that Bill Taylor, president of B&D Taylor Inc., which owns the McDonald’s on Sweet Air Road in Phoenix, has paid $20,502.05 in back wages to five workers, two of whom are still in his employ. The workers were not compensated for overtime hours, federal officials said. The company will also pay $9,990 in penalties for violating restrictions on the hours minors can work and tasks they can perform, officials said. Taylor could not be reached for comment Tuesday.

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W. Garnett & Associates
Human Capital Management
1-888-884-3910

]]> http://wgarnett.com/wes-blog/child-labor-violations-hits-a-phoenix-mcdonalds-restaurant/feed/ 0 Guide to the Americans with Disabilities Act (ADA) http://wgarnett.com/wes-blog/guide-to-the-americans-with-disabilities-act-ada/ http://wgarnett.com/wes-blog/guide-to-the-americans-with-disabilities-act-ada/#comments Tue, 20 Jul 2010 14:49:38 +0000 wgarnett http://wgarnett.com/?p=3600 This act is very considerate of people with disabilities, and it allows disabled people to receive the conditions they need to be able to work. For example a diabetic person can stop and eat or check blood sugar levels when needed. There are many considerate parts of this act such as buildings must be made accessible to people with disabilities and blind people must be read bulletins to. Â This act qualifies people with disabilities as people with a “mental or physical impairments that substantially limits one or more major life activities” (FAADA).

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W. Garnett & Associates
Human Capital Management
1-888-884-3910

]]> http://wgarnett.com/wes-blog/guide-to-the-americans-with-disabilities-act-ada/feed/ 0 Workplace Retaliation – What is it? http://wgarnett.com/wes-blog/workplace-retaliation-what-is-it/ http://wgarnett.com/wes-blog/workplace-retaliation-what-is-it/#comments Tue, 20 Jul 2010 14:42:19 +0000 wgarnett http://wgarnett.com/?p=3599 In the United States, for instance, there are a number of laws that specifically address workplace retaliation. In short, most of the laws that grant employee rights contain provisions that prohibit reprisals when employees assert those rights. To be considered retaliation, an employer’s action usually must have a negative effect on someone’s employment situation.

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W. Garnett & Associates
Human Capital Management
1-888-884-3910

]]> http://wgarnett.com/wes-blog/workplace-retaliation-what-is-it/feed/ 0 Avoid Discrimination Lawsuits – Follow Simple Steps http://wgarnett.com/wes-blog/avoid-discrimination-lawsuits-follow-simple-steps/ http://wgarnett.com/wes-blog/avoid-discrimination-lawsuits-follow-simple-steps/#comments Tue, 20 Jul 2010 14:33:01 +0000 wgarnett http://wgarnett.com/?p=3593 As the saying goes, you get what you pay for. Employment discrimination lawsuits commonly cost tens of thousands to those who win them and hundreds of thousands more to those who don’t.

Employers face damages for lost wages, emotional injuries, an employee’s legal fees, and more. They can be ordered to train employees or submit to state oversight of their policies. Worst of all for defendants in employment discrimination lawsuits, they ultimately realize that the whole mess was preventable.

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W. Garnett & Associates
Human Capital Management
1-888-884-3910

]]> http://wgarnett.com/wes-blog/avoid-discrimination-lawsuits-follow-simple-steps/feed/ 0 Employers Best Defense is a Good Offense – Good Faith Compliance http://wgarnett.com/wes-blog/employers-best-defense-is-a-good-offense-good-faith-compliance/ http://wgarnett.com/wes-blog/employers-best-defense-is-a-good-offense-good-faith-compliance/#comments Mon, 05 Jul 2010 15:16:52 +0000 wgarnett http://wgarnett.com/?p=3592 In other words, if you complete the Form I-9 correctly for every new hire and you do not acquire constructive knowledge and you use E-Verify, you will be able to demonstrate “good faith” in complying with the law. You should not have to worry about going to jail or going bankrupt if your business is the subject of an I 9 audit or raid by ICE (Immigration and Customs Enforcement).

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W. Garnett & Associates
Human Capital Management
1-888-884-3910

]]> http://wgarnett.com/wes-blog/employers-best-defense-is-a-good-offense-good-faith-compliance/feed/ 0 E-verify, The Risk To Federal Contractors http://wgarnett.com/wes-blog/e-verify-the-risk-to-federal-contractors/ http://wgarnett.com/wes-blog/e-verify-the-risk-to-federal-contractors/#comments Mon, 05 Jul 2010 15:04:28 +0000 wgarnett http://wgarnett.com/?p=3591 E-Verify will soon be requi­red of all fede­ral contrac­tors. Many state legis­la­tures are also enac­ting state laws man­da­ting employer use of E-Verify.  Fede­ral (and in many states, state) contrac­tors are now requi­red to par­ti­ci­pate in the E-Verify pro­gram to confirm employ­ment eli­gi­bi­lity.  Although E-Verify is an exten­sion of and impro­ve­ment for the exis­ting I-9 laws all employee, it is also direc­ted at ille­gal immi­grant work authorization.

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W. Garnett & Associates
Human Capital Management
1-888-884-3910

]]> http://wgarnett.com/wes-blog/e-verify-the-risk-to-federal-contractors/feed/ 0 Federal Compliance – No Easy Task http://wgarnett.com/wes-blog/federal-compliance-no-easy-task/ http://wgarnett.com/wes-blog/federal-compliance-no-easy-task/#comments Mon, 05 Jul 2010 14:55:47 +0000 wgarnett http://wgarnett.com/?p=3590 One of the most cumbersome, but least understood, are the requirement of federal and state contractors to comply with affirmative action recruitment and hiring policies, But ignorance of the rules and regulations is no excuse. And a company found to be out of compliance with the complex rules can be hit with penalties or lose their government contracts.

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W. Garnett & Associates
Human Capital Management
1-888-884-3910

]]> http://wgarnett.com/wes-blog/federal-compliance-no-easy-task/feed/ 0 Employers Safe Harbor Are You There? http://wgarnett.com/wes-blog/employers-safe-harbor-are-you-there/ http://wgarnett.com/wes-blog/employers-safe-harbor-are-you-there/#comments Mon, 05 Jul 2010 14:46:44 +0000 wgarnett http://wgarnett.com/?p=3589 In the past year, the U.S. Department of Labor, the Equal Employment Opportunity Commission (EEOC), and the Internal Revenue Service all have announced a renewed focus on enforcement initiatives. With increased funding from the Obama administration, these agencies will have more investigators devoted to ensuring compliance with the laws that they enforce.

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W. Garnett & Associates
Human Capital Management
1-888-884-3910

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