Compliance Resources to Help you Stay Current

4 Considerations for Form I-9 Penalty Calculations

Accuracy in Form I-9’s continues to grow in importance before, during and after the employment relationships.  Anyone that has taken my SHRM Certification Exam Prep Course or has worked with me on an HR or Form I-9 audit, knows how important I believe accuracy in the Form I-9’s is and the record keeping associated with the documentation.  The Immigration and Customs Enforcement (ICE) agency continues to conduct more audits and inspections associated with these forms.  This is not the only governmental agency that can inspect and audit Form I-9’s.  As employer’s we need to ensure our records are accurate from start of the new hire process and beyond finish in the employment relationship.

3 Thoughts on Legally Required Forms

Many of the government mandated forms we use in the workplace have issuance dates and expiration dates. There are times when forms have expired, and the issuing agency not provided a new or revised form (Form I-9 over the past 15 years 2-3 times). Regardless, we need to be aware that forms are revised and updated with new information. We need to review our records to include the current forms. Yes, it does add to the administrative side of your organization and additional research, but spending time researching and updating these required forms is much cheaper than being fined during an audit or inspection.

11 Changes to New York State Sexual Harassment Laws

Yes, that does read correctly, 11 upcoming changes.  New York State legislators have passed multiple regulations related to sexual harassment in the workplace; training, policies, reporting, etc.  Many of these new regulations and rules are in the wake of the #MeToo movement and the many issues we have seen with sexual harassment in the workplace in a variety of industries, organizations and professions.  As leader’s we cannot tolerate harassment of any kind.  The new law(s) require employers to provide sexual-harassment training to all workers and much more.

9 Statistics on 2017 EEOC Claims

On January 25, 2018 the U.S. Equal Employment Opportunity Commission (EEOC) announced that a decreased number (from 2016) of 84,254 workplace discrimination charges were filed with the federal agency during the fiscal year of 2017. These charges, lawsuits and settlements, secured $398 million for victims in private sector, state and local government workplaces, costing organizations and tax payers a significant amount of money. “Retaliation, which topped the list, occurs when employers treat some people less favorably than others…that includes job applicants, employees, and former employees…the 41,097 retaliation charges the EEOC received made up nearly 49 percent of the complaints.”

Onboarding Training for New Hires in GMP Environment: Are You Complying?

Onboarding training for the new hires in the GMP environment is a difficult task. Compliance requirements, quality concerns and work culture are all important considerations. Are contractors treated the same as long-term employees? Where does GMP training end and HR training begin? When can employees begin working? And all other barrage of questions need to be addressed.

New York Paid Family Leave Law: 5 Proposed Regulations

On May 24, 2017, the New York State Worker’s Compensation Board issued five proposed regulations for organizations to incorporate, when implementing the New York Paid Family Leave requirements beginning January 1, 2018.

11 FMLA Mistakes Employers Make

FMLA is a growing concern for employers. Confusing regulations, along with numerous changes to the FMLA law, as well as, conflicting court decisions, cause FMLA to be one of the biggest compliance challenges for employers. Since the FMLA legislation was passed in the mid-1990, case law and changes have expanded the definition of Family and Medical Leave. States and cities are now enacting paid leave laws, with New York moving forward with paid leave in 2018.

I-9 Form Compliance: 5 Tips for Retaining and Storing the New Form

A new version of the Form I-9 was introduced on January 22, 2017. Though the retention and storage requirements remained almost the same, changes to the revised form are designed to help HR professionals and employers complete it online and reduce technical errors.

New York State Paid Family Leave Law: 7 Must Knows

The New York State Worker’s Compensation Board, on February 22, 2017, has released proposed regulations regarding the upcoming 2018 Paid Family Leave Law. As stated, employees will be eligible for 12-weeks of paid family leave:

• Leave to care for a child after birth or placement for adoption or foster care within the first 12-months after the birth or placement (may take leave before placement or adoption)
• A qualifying exigency arising from the service of a family member in the armed forces of the U.S
• To care for a family member with a serious health condition (illness, injury, impairment, or physical or mental condition that involves inpatient care in a hospital, hospice or residential health care facility)

As we move closer to the rollout date of January 1, 2018, it is important to know the requirements as regulated in New York State.

Eurozone's Unemployment Rate Falls Below 10%

For the first time since 2011, unemployment rates dropped below 10 percent in the eurozone. Eurostat, an EU statistics agency, recorded the lowest rate in seven years - 9.9% in September, and a further dip from 9.8% in October.

The eurozone, also called the euro area, is a monetary union of 19 EU member states. This includes Austria, Belgium, Cyprus, Estonia, Finland, France, Germany, Greece, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, the Netherlands, Portugal, Slovakia, Slovenia, and Spain.

A Diverse Workforce, A Diverse Era

Paris. Beirut. San Bernardino. Three cities, three acts of terrorism – and all within a span of few weeks. Investigations are prompt and the perpetrators traced, and yet, questions and opinions swirling around cultural conglomeration at our workplace and community looms large and threatens an economy that depends on this very conglomeration. What then are the barriers that could keep us from accommodating the good and doing away with the obstructive?

The Storm Within Form I-9 Immigration Compliance

The purpose behind maintaining Forms I-9 for your employees goes beyond immigration issues. The Employment Eligibility Verification Form I-9, as it is more elaborately called, helps verify the identity and employment authorization for a new employee in any organization. If you are wondering how much you need to understand about documenting I-9s, or more interestingly the penalties for non-compliance, here’s a little of everything.

LGBT – Does the Term Scare You?

From the armed forces to the private sector, the sexual discrimination claims filed by LGBTQIA employees have been reviewed with avid interest by federal courts, showing their support for EEOC’s stance on the matter. Employers, however, are wary on the subject.

Am I likely to be hit by a lawsuit? Do I have any LGBTQIA employees to worry about? These are perhaps not the right questions, at least if they are the only questions in your arsenal. Is my workplace in compliance with EEOC’s mandates? Are my employees trained on the subject as they should be? These questions would probably set you in the right direction.

President Barack Obama has announced that federal regulatory agencies have reviewed and will soon start a rollback of outdated and cumbersome regulations. The scrapping of regulations is expected to “eliminate millions of hours in annual paperwork burdens for large and small businesses and save more than $1 billion in annual regulatory costs”.

This article details the background to this regulatory reform and its expected impact on US businesses.

The Davis Bacon Act, 1931, is a federal law requiring that construction workers working on public projects be paid the local “prevailing” wage. The law applies to contractors and subcontractors who have taken up federally funded or assisted construction contracts in excess of $2000.

This article discusses the background to the act, gives a summary of key provisions and amendments.

Occupation Health and Safety Assessment Series (OHSAS) 18001 is an internationally recognized assessment specification for occupational health and safety management systems. OHSAS 18001 was first issued in 1999 but was subject to review during 2006 and then issued as a revised standard on 1 July 2007. The standard aims to help organizations meet their health and safety obligations in an efficient manner. This article describes the background to this standard, summary of main provisions and recent updates.

The Americans with Disabilities Act (ADA) was signed into law by President George H.W. Bush in 1990. The ADA is a landmark civil rights legislation that made it possible for around 43 million Americans with disabilities the right to public services and to apply and be considered for employment opportunities. The ADA was amended in 2008 to give broader protections to disabled workers. This article describes the background, key provisions and recent amendments to this landmark civil rights act.

Individuals who qualify as having a disability have experienced discrimination both because of negative attitudes in regard to their ability to be an effective employee, as well as the physical barriers at work facilities. The The Vocational Rehabilitation Act of 1973, Title V was put in place to correct the problem of discrimination against people with disabilities in the United States.

The National Institute for Occupational Safety and Health (NIOSH), part of the U.S. Department of Health and Human Services, states that workplace stress/job stress, now more than ever, poses a threat to the health of workers and the health of organizations. NIOSH defines job stress as the harmful physical and emotional responses that occur when the requirements of the job do not match the capabilities, resources, or needs of the worker. There are a variety of steps to reduce overall stress levels and the stress one finds on the job and in the workplace.

The Family and Medical Leave Act of 1993 (FMLA) is a United States federal law requiring larger employers to provide employees job-protected unpaid leave due to a serious health condition that makes the employee unable to perform his or her job, or to care for a sick family member, or to care for a new child. President Clinton signed the bill into law on February 5, 1993 and it took effect on August 5, 1993, six months later. It was enacted to strike a balance between work and family. The FMLA provides job security and mandates the continuation of benefits for workers who need time off to attend to serious family matters.

This article describes the background, main provisions and recent changes to the FMLA.