Posts Tagged ‘Form I-9’

Top Tips for Organizing Personnel Files

Thursday, April 13th, 2017

At CAI, we receive numerous calls from our members asking how to organize and maintain compliance with personnel files. If you were to take compliance guidance from government agencies literally you would conclude that you need to have a lot of separate files spread throughout many different file cabinets.  While you might get a point for being compliant, this scenario just isn’t reasonable for most employers.  Fortunately, we offer an easier way to organize your files that balance the need to be reasonably compliant with your need to be practical.

There are certain types of information that need to be maintained separately from the employee’s main file. Below I have listed the different types of files that I have used in my filing system, of course as long as you are maintaining confidential documents separate from the main general personnel file, you can develop a system that works best for your company.  A process that worked well for us was to have our medical files locked away separately. The other files listed below were kept inside a general employee file (we used a multi-tab folder similar to this one) in small manila folders that could be removed if a supervisor needed to review the file. It is also a good idea to keep your I9s completely separate (we kept in a multi-tab expanding file sorted by last name alphabetically).

Pre-Employment Information:

  • Background checks
  • Drug screenings
  • Credit checks
  • Reference Checks
  • Any EEOC Pre-Employment Disclosures (Self-Identify Veteran or Disability Status)

Benefits/401(k):

  • Enrollment information
  • Beneficiary information
  • Distribution information
  • Any benefit related information (notices, request for information, etc)

Medical:

  • Doctor Notes
  • Leave Requests (including FMLA)
  • ADA Accommodation Request information
  • Incident Reports
  • OSHA Incidents
  • Workers Compensation Claims/Incidents

Payroll:

  • Federal and State tax forms (W4 and NC4)
  • Garnishment requests
  • W2s
  • Any payroll information with Social Security numbers
  • Request for employment/wage verification
  • Direct Deposit Authorization Form

Confidential File:

  •  EEOC Claim information
  • Investigation information (EEOC, internal investigations)
  • Settlement claims

General Employee File:

  • Employment Application/Resume
  • Offer Letter
  • Any policy acknowledgments (confidentiality, code of conduct, handbook, etc)
  • Performance appraisals
  • Pay/Compensation information
  • Disciplinary actions, documents
  • All promotion, transfer, demotion, layoff information
  • Exit Interview
  • Termination documents

So to review, you have one separate medical file, one file with all of your I-9’s and then organize everything else into one big pendaflex file.  Alternatively, you could convert to electronic personnel files, including I-9’s.

Overall, the most important aspect of maintaining compliance with personnel files is securing the access to the files. The files should be kept in a secure location (behind “lock and key”) and access should only be granted to specific employees (probably within the HR department or specific information to supervisors as outlined in your personnel file policy).  On that note, it is important to remember that access to the files should even be restricted within the HR department on a “need to know” basis: the benefits specialist doesn’t need access to the confidential file, the recruiting specialist doesn’t need access to the medical file, etc.

CAI delivers HR, compliance, and people development solutions to 1,100+ NC companies to help them build engaged, well-managed and low-risk workplaces. Contact us to find out how we can help your company.

Emily’s primary area of focus is providing expert advice and support in the areas of employee relations and federal and state employment law compliance as a member of the Advice & Resolution team for CAI. Additionally, Emily advises business and HR leaders in operational and strategic human resources areas such as talent and performance management, employee engagement, and M&A’s. Emily has 10+ years of broad-based HR business partnering experience centering around employee relations, compliance & regulatory employment issues, strategic and tactical human resources, and strong process improvement skills.

Are you using the new Form I-9?

Wednesday, February 1st, 2017

Beginning January 22nd, 2017, all employers are required to utilize the new Form I-9.  The new form was created to reduce confusion and the resulting technical errors by both employers and employees.  This new form can be completed digitally and contains pull-down menus, embedded calendars and the like.

However, employers who complete the new Form I-9 online using Adobe Reader or other PDF reader, will still be required to print the form, procure handwritten signatures and store in a safe and accessible place.  Furthermore, employers will also need to monitor re-verifications and updates with a calendaring system.  You will also have to use E-Verify as a separate system.    You can read more about the new form at the USCIS website; https://www.uscis.gov/i-9.

If this system still sounds complicated to you, CAI has an easier solution.  Our Form I-9 service offers a version of the electronic Form I-9 that allows you to complete and store your I-9s paperless, and with the assurance that you are filling out the form in a compliant manner.

In addition to the electronic I-9, our system can seamlessly incorporate E-Verify.

Highlights of our service include:

  • Electronically complete, sign and store the Form I-9.
  • Real time validation of data entered into the Form I-9.
  • Instant Employment Authorization.
  • Expiration Notices – Email notification of an employee’s expiring work authorization is sent out before it becomes a problem.
  • No servers or software to install or maintain.
  • Easy Searching – Search for stored forms to export, or print the PDF.
  • Audit Log – All actions (creation, view and print) relating to a form are tracked in the audit log.
  • Multiple permission levels for increased security.
  • Duplication Alert – User is notified when entering a form for an employee who already has a form on file, thus preventing employees from using the same SSN.
  • Remote employee authorization – we have notaries around the country who can verify documents.
  • Great Customer Service – You know and trust us, we are just a phone call or email away.

If you would like to learn more about our electronic I-9 services, please give us a call and ask for Brielle Earley or Kevin von der Lippe at 919-878-9222 or 336-668-7746.

Kevin W. von der Lippe is a licensed private investigator at CAI and for 19 years has managed our detective agency and background checking business.  He is security minded and proficient with the federal Fair Credit Reporting Act (FCRA) and the enforcement of Title VII of the Civil Rights Act of 1964, as administered by the EEOC as it relates to background checks. Capital Associated Industries Services Corporation is a licensed investigative agency, specializing in corporate pre-employment background screening. Our corporate agency license is BPN 001473P11.

Immigration Compliance and Form I-9

Tuesday, September 27th, 2016

Pursuant to the Immigration Reform and Control Act of 1986 (IRCA) employers are prohibited from hiring or continuing to employ foreign nationals who lack authorization to work in the United States. That law requires employers to verify the identity and work authorization of all new hires, and it establishes civil and criminal penalties for noncompliance. IRCA establishes a system of employment eligibility verification procedures that all employers must follow when filling a job. Employers are obliged to be an integral part of the government’s efforts to reduce illegal immigration.formi-9

IRCA makes it unlawful for any employer in the United States to knowingly “hire or to recruit or refer for a fee” or to knowingly “continue to employ” an individual who lacks authorization to be employed in the United States. The law applies to any employee hired after November 6, 1986. Employees hired prior to November 7, 1986, are “grandfathered,” and their status need not be verified.

To comply with the law, employers must verify the identity and employment authorization of each person they hire, complete and retain a Form I-9, Employment Eligibility Verification, for each employee, and refrain from discriminating against individuals on the basis of national origin or citizenship.

Employers must require all newly-hired employees to confirm their identity and eligibility to work in the United States.  Employers must complete Form I-9 for each person hired to perform labor or services in the United States in return for wages or other remuneration. Remuneration is anything of value given in exchange for labor or services. I-9 forms must be retained for specified periods of time including even after the employment relationship has ended, and it must be made available in the event of an audit or inspection. These compliance requirements apply to every new employee regardless of citizenship or alienage, even if there is no doubt as to the individual’s identity and employment authorization.

To confirm identity and employment eligibility, every new hire must produce an original document or a combination of documents that are designated by the federal government to satisfy that requirement.  A list of the acceptable documents is found on the last page of the Form I-9. The employer must accept whatever document or combination of documents from the List that the employee offers, so long as the document is original, unexpired, relates to the employee and shows no signs of tampering or counterfeiting.

The employer must ensure that the employee completes Section 1 of Form I-9 at the time of hire. “Hire” means when employment begins in exchange for wages or other remuneration begins. The time of hire is noted on the form as the first day of employment. Employees may complete Section 1 of Form I-9 before the time of hire, but no earlier than acceptance of the job offer. Review the employee’s document(s) and fully complete Section 2 of Form I-9 within three business days of the hire.

As you perhaps know the current I-9 form technically expired this past March 31.  However, until further notice employers should continue using this version until the Office of Management and Budget (OMB) approves and issues an updated I-9 form. The public was able to provide comments on the proposed I-9 changes until April 27, 2016.  For a detailed summary of the proposed changes, see USCIS Seeks Comments on Proposed Changes to From I-9 webpage.

If you need help thinking through an Immigration issue or want to dive deeper into this topic please reach out to our Advice & Resolution team.

renee

 

CAI Advice & Resolution team member Renee Watkins is a seasoned HR professional with a diverse background in Human Resource. Renee provides CAI members with practical advice in a wide-range of human resource functions including conflict resolution, compliance and regulatory issues, and employee relations.

Best Practices for Form I-9s When Managing a Remote Workforce

Thursday, October 10th, 2013

In today’s video post, Advice and Counsel Team Member Renee’ Watkins offers best practices for completing Form I-9s when workers are in remote locations. She says that many times employers face logistical challenges when complying with Form I-9 verification for staffers who don’t work in the office.

USCIS provides an employer handbook, the M274, to assist with completing form I-9. However, Renee’ says the guidance on the information for remote workers is limited. She then gives information about the details the M274 provides, such as employers are allowed to designate someone (ex. foreman, personnel officer or agent) to assist them in filling out Form I-9s.

Renee’ says an employer may designate any person to be their agent to complete Form I-9 for remote employees. She also notes that you may use a notary as your agent but Form I-9 does not need
to be notarized. If you decide to use an agent to assist in completing Form I-9s for your remote workforce, Renee’ says they must be credible, trustworthy, and trained in properly completing Form I-9s. You’ll also want to establish standard operating procedures for the agent and employees completing the forms.

For additional questions regarding Form I-9s and remote workers, please call a member of CAI’s Advice Counsel Team at 919-878-9222 or 336-668-7746.

Are You Using the Correct Form I-9 for Your New Hires?

Thursday, May 9th, 2013

Form I9The US Citizenship and Immigration Services (USCIS) sent out a press release Tuesday, May 7, reminding employers that starting that day, they must use the revised Form I-9, Employment Eligibility Verification (Revision 03/08/13)N for all new hires and reverifications.

USCIS explains that employers can find the revision date of the new Form I-9 on the lower left corner of the form. The agency warns against completing new Form I-9s for existing employees if a properly completed Form I-9 is already on file. USCIS will no longer accept previous versions of the Form I-9.

The agency provides a Spanish version of Form I-9 (revision 03/08/13)N, and it is available on the USCIS website for use in Puerto Rico only. Spanish-speaking employers and employees in the 50 states, Washington, D.C., and other US territories are only allowed to use the Spanish version for reference, according to the press release. These employers and employees must complete and retain the English version of the form.

You can find the revised forms at www.uscis.gov/I-9. The agency also offers a telephone number, 888-464-4218, to call for more information. USCIS has representatives available Monday through Friday from 8 a.m. to 5 p.m. to discuss any questions or issues that may arise from the news of needing to use the revised Form I-9. You can also visit I-9 Central, a website the agency created to support Form I-9 users. USCIS has also scheduled free webinars to educate employers on the new form.

CAI’s 2013 Employment and Labor Law Update scheduled for May 22 and May 23 at Raleigh’s McKimmon Center will feature knowledgeable attorneys from Ogletree Deakins who will present additional information for Form I-9 compliance. Former NLRB member Brian Hayes joins this year’s lineup of attorneys from Ogletree Deakins. He will share his view on the board’s recent rulings and give advice for handling new challenges during his can’t-miss presentation.

Please visit www.capital.org/lawupdate to review the full agenda of the conference, descriptions about the presentations and to register. Feel free to call 919-878-9222 or 336-668-7746 with any questions.

Photo Source: Victor1558