4 Things to Know About E-Verify

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

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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.
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10 Employment Laws that Supervisors Need to Know

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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.
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Health Care Exchanges Launched Oct. 1

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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.
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Managing FMLA: 6 Legal Risks Many Employers Face

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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.
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An Introduction to Background Checks for Employers

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For the new HR professional, and perhaps even for more seasoned HR managers, the process of conducting background checks can be a difficult one to manage. Corporate Screening, one of ERC's Preferred Partners, has provided us with some background knowledge to help us answer our key questions.

What is a background check? Why should my company conduct them?

Background checks help employers minimize risk for their company and their employees. They provide varying levels of information, depending on the type of position and job duties. Job applicants, current employees, and volunteers may all be asked to submit background checks... and for some positions, screening is required by federal or state law.
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Affordable Care Act Employer Mandate Delayed Until 2015

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The Treasury Department announced this Tuesday that it will be delaying the employer "pay or play" mandate of the Affordable Care Act (ACA) which requires that employers with 50 or more employees offer health insurance to full-time employees working 30 or more hours per week or pay a penalty. The mandate was scheduled to go into effect on January 1, 2014, but will be delayed until 2015.

In a publicly released statement, the Treasury Department and the White House said that the decision to delay the mandate was based on feedback from employers that the system for reporting coverage was too complicated.
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Recap: FMLA Straight Talk

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ERC's 2013 "FMLA Straight Talk" program featured presentations from the U.S. Department of Labor Wage and Hour Division, Frantz Ward, and ERC Preferred Partner - CareWorks. The program focused on a case study, and each of the presenters provided their perspective on three ways employers can reduce their Family Medical Leave Act (FMLA) liability based on lessons learned in the case. These lessons include following FMLA requirements, using effective employee relations practices, and properly managing FMLA claims.

1. Following FMLA Requirements

Following FMLA requirements can help prevent an organization from running into compliance issues with FMLA. Joann Moriarty from the U.S. Department of Labor led the program and emphasized the following as aspects that the DOL would look at if this case was brought to their attention - specifically related to the following FMLA requirements.
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Supreme Court Case Update

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The Supreme Court issued three decisions in July, 2013 that affect employers. Here are the details your organization needs to know about the Court's rulings.

Defense of Marriage Act (DOMA) is Unconstitutional

The Supreme Court struck down the federal Defense of Marriage Act (DOMA) in United States v. Windsor on June 26th, 2013. Specifically, the Supreme Court, in a 5-4 decision, deemed that section 3 in DOMA is unconstitutional as it deprives individuals of equal liberty protected in the Fifth Amendment.
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The Beauty Bias: Can You Hire Based on Looks?

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The

Can employers hire based on looks and image? Does beauty affect hiring and even promotions? Should it?

There's quite a bit of controversy about what has been termed the "beauty bias" in 2013, especially in light of a legally-questionable job website which allows employers to recruit "beautiful people" to hire. As this issue gets more traction, here's what the law says, what existing research says, and our conclusions about whether beauty and image should factor into your employment decisions.
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