Common E-Verify and I-9 Mistakes

Share on LinkedIn Share on Facebook Share on Twitter Share on Google Plus Share this Page

e verify i9 Common E-Verify and I-9 Mistakes

The I-9 and E-Verify are used to help employers in determining an employee’s eligibility to work in the U.S. A number of errors and mistakes can occur with E-Verify and the I-9 form that employers should avoid in order to stay compliant. Here is a summary of some common mistakes employers make with the I-9 form and E-Verify.

I-9 Mistakes

Using an outdated I-9 form.

Be sure that your organization isn’t using the old version of the I-9 form. After May 7, 2013, all employers were required to use the most current version of the I-9 with new hires.
Read this article...

15 Employee Termination Tips for Firing Compliantly

Share on LinkedIn Share on Facebook Share on Twitter Share on Google Plus Share this Page

15 Employee Termination Tips for Firing Compliantly

Firing an employee is one of the most unpleasant tasks you face, not to mention legally risky, and should be navigated with much caution, preparation, and deliberation. Here are 15 tips for effective, compliant, and professional terminations.

1. Terminate in-person

Always conduct the termination meeting in person and have the decision-maker and another management official present in the meeting as a witness. The decision-maker regarding the termination is usually a manager or executive in the organization.
Read this article...

An Overview of Workers' Compensation

Share on LinkedIn Share on Facebook Share on Twitter Share on Google Plus Share this Page

While most employers take numerous steps to keep the workplace safe and healthy, injuries and accidents happen occasionally. Workers' compensation provides pay and benefits for workers injured while working, and also saves employers' liability and medical expenses. 

Workers' Compensation Defined

Workers' compensation is insurance that replaces an employees' compensation and medical benefits when they become injured on the job.
Read this article...

7 Tips for Workers’ Compensation Claims

Share on LinkedIn Share on Facebook Share on Twitter Share on Google Plus Share this Page

Workers’ compensation claims can be costly to an organization, especially if they aren't managed well. Here are seven (7) tips for employers in managing workers’ compensation claims cost-efficiently and correctly.

1. Promptly report all claims to the insurer.

Effective case management begins with timely reporting of your workers' compensation claim. The more quickly an injured employee reports a claim, generally, the more smooth the claims process. When claims are reported in a timely manner, evidence can be preserved and the claim can be better resolved; workers can start treatment sooner; fraudulent claims can be identified more quickly; and you can avoid potential monetary fines/penalties for failing to report claims.
Read this article...

When ADA & FMLA and Workers Comp Intersect

Share on LinkedIn Share on Facebook Share on Twitter Share on Google Plus Share this Page

Workers' compensation laws, the Family Medical Leave Act (FMLA), and Americans with Disabilities Act (ADA) are not mutually exclusive - they all can intersect. According to CareWorks, ERC's Preferred Partner, one of the most common mistakes employers make is failing to run workers' compensation and FMLA concurrently.

Importance of Understanding the Intersection

Each of these laws serves a different purpose. Workers' compensation compensates employees who cannot work based on a work-related injury, ADA protects and aids individuals with a disability, and FMLA provides job protected leave to individuals with a serious medical condition. But, by qualifying under one law, an employee is not automatically disqualified from the others. If more than one law applies to the situation, then the injured worker must be afforded all the rights under each applicable law.
Read this article...

4 Things to Know About E-Verify

Share on LinkedIn Share on Facebook Share on Twitter Share on Google Plus Share this Page

The Immigration Reform and Control Act of 1986 forbids employers from "knowingly hiring illegal workers." Employers must comply with this law by verifying the eligibility of prospective employees to work in the U.S by gathering information on the I-9 form. One way to do this is by using E-Verify, an electronic way of verifying employment eligibility based on U.S. requirements.

What is E-Verify?

E-Verify is a free online system operated by the federal government which allows an employer to determine the eligibility of an employee to work in the United States by comparing information reported on an employee's I-9 form to data from U.S. Department of Homeland Security and Social Security Administration records.
Read this article...

Government Shutdown: What Employers Need to Know About E-Verify

Share on LinkedIn Share on Facebook Share on Twitter Share on Google Plus Share this Page

The government shutdown has resulted in not only the suspension of E-Verify, but also the temporary closure and reduced capacity of many key employment-related agencies on which organizations rely.

The U.S. Citizenship and Immigration Services (USCIS) will remain open, however, E-Verify has been suspended until the shutdown culminates. Employers will be unable to access E-Verify accounts, but while E-Verify is shutdown, the I-9 process should continue as usual, and employers must still complete the I-9 by no later than the third business day after an employee starts work. But, employers will not need to verify all new hires within three days of hire during the shutdown.
Read this article...

10 Employment Laws that Supervisors Need to Know

Share on LinkedIn Share on Facebook Share on Twitter Share on Google Plus Share this Page

10 Employment Laws that Supervisors Need to Know

Supervisors and managers have a shared responsibility with HR in making sure that their interactions and relations with employees are compliant with federal and state employment laws. Here are ten (10) of the most important employment laws that supervisors need to be aware of and the major responsibilities that supervisors typically are responsible for in ensuring compliance.

1. Title VII of the Civil Rights Act

Purpose:

To prohibit job discrimination in the workplace

Overview:

Title VII of the Civil Rights Act covers an employer who has fifteen (15) or more employees and prohibits discrimination against any individual on the bases of race, religion, color, sex (including pregnancy and gender identity), sexual orientation, parental status, national origin, age, disability, family medical history or genetic information, political affiliation, military service, or any other non-merit based factor. The law also protects individuals from harassment in the workplace.

Supervisor Responsibilities:  

Supervisors must treat all employees and applicants consistently and equally, without regard to their race, color, religion, gender, national origin or any other characteristics that are protected under law. Supervisors are not to base any employment decisions on these protected characteristics, cannot deny opportunities to an individual because of their characteristics, and cannot retaliate against an employee. Supervisors are to treat all employees respectfully and avoid unwanted/unwelcomed behavior that constitutes harassment.
Read this article...

Health Care Exchanges Launched Oct. 1

Share on LinkedIn Share on Facebook Share on Twitter Share on Google Plus Share this Page

Health Care Exchanges Launched October 1; Government Shutdown Doesn’t Stop Implementation

October 1, marked the launch of the federal and state health insurance exchanges under the Patient Protection and Affordable Care Act (ACA). The exchanges are now live for individuals. Employers should be aware of the following important updates:

  1. The government shutdown is not affecting the launch of the health insurance exchanges.
  2. The Small Business Health Options Program (SHOP) will be delayed until November.
  3. The effective date of coverage will be January 1, 2014 for those small business employers (with fewer than 50 employees) and employees who enroll in the exchanges by December 15th, however, small business employers and employees can enroll in the exchanges by March 31st to receive coverage in 2014.
  4. Organizations subject to the Fair Labor Standards Act (FLSA) were required to provide all employees notices describing the health care exchanges by today, October 1, however the Department of Labor (DOL) said that no penalty will be imposed on employers that fail to provide exchange notices to employees.
    Read this article...

Managing FMLA: 6 Legal Risks Many Employers Face

Share on LinkedIn Share on Facebook Share on Twitter Share on Google Plus Share this Page

Managing FMLA: 6 Legal Risks Many Employers Face

The Family Medical Leave Act (FMLA) is one of the most complex employment laws with which employers must stay in compliance. Employers face a number of legal risks when managing FMLA ranging from determining eligibility to disciplining an employee on leave. Here are 6 common legal risks many employers face with FMLA that you need to know.

1. Recognizing when leave needs to be covered by FMLA

The need for FMLA leave in the workplace can go unrecognized by supervisors and create potential liability.

For example, in a 2013 case, an employee called her supervisor to inform them that she could not report to work, and the following day reported that she was seeking treatment at a mental health center. She provided her employer with a doctor's note which stated that she was being treated for depression. She was eventually terminated after she had asked for extensions of her leave of absence, and when she could not return to work. The court found that the employer interfered with her FMLA rights when it did not provide her with an FMLA certification form nor a notice of her FMLA rights.
Read this article...