June 2019 // Volume 6 // Issue 2
New, Costlier Fines for Incorrect I-9s
Effective April 5, 2019, the Department of Homeland Security has adjusted the penalties they impose for improper I-9 documentation to be adjusted for inflation. The new penalties are as follows:
- First violation of I-9 paperwork: $230 per form up to a maximum of $2,292 per form.
- Penalties for knowingly hiring/continuing to employ someone who is not authorized to work in the U.S. rose to $573 per form for first violations with the maximum fine increasing to $4,586 per form. Penalties for subsequent violations have also increased. Click this link for common I-9 Errors: http://everybizhr.com/form-i-9-common-errors/
Reminders:
- Use the most recent I-9 form (currently USCIS Form I-9 expiration 8/31/2019).
- By the THIRD day of employment, ensure new employees fill out the I-9 completely. Do not specify to employees which documents to bring to show proof of identity and authorization to work; employees must be allowed to choose from documents listed on page 3 of the I-9 form.
- Carefully review documents presented by the employee and fill out Section 2 of the form completely.
Social Security No-Match Letters
The Society for Human Resource Management (SHRM) reports that about 575,000 employers have received employer correction request notices, also known as "no-match letters," since March, alerting them about discrepancies between a worker's Social Security number (SSN) and government records.
Should you receive this letter, it’s important to not react towards the employee(s) with the mismatched records or to make any assumptions about the employee(s)’s legal status. Instead, SHRM advises taking the following steps:
- Register online through the SSA’s business services system to find out which employees have discrepancies in their SSA file.
- Inform the affected employee(s) of the no-match notice and ask that they confirm the name and SSN reflected in your employment records.
- Advise employees to contact the SSA to correct their records and give them a reasonable period of time to do this.
- Stay in contact with the affected employees to learn and document the status of their efforts to address and resolve the issue.
- Review documents the employee chooses to offer that show the mismatch is resolved.
- Submit any employer corrections to the SSA.
Although employers may be tempted to have the affected employee(s) reverify their employment eligibility by amending or filling out a new I-9 form, it is best not to do so, and the steps outlined above should be followed instead.
From Stone Age to Digital Transformation
Do you struggle with keeping orderly employee files? Tired of processing new hire and benefits paperwork by hand? Excel sheets driving you nuts?
Many years back, not only were the number of Human Resource Information Systems (HRIS) very few, but none were designed for small business and they were cost-prohibitive. Now, there are a number of options for small businesses at reasonable rates. And many are cloud-based, which means no software download hassles.
Today’s HRIS platforms can now house and track information such as emergency contacts, current and historical pay and benefits details, time off requests and approvals, time and attendance, recruitment activity, new hire and termination data, and performance evaluations. Many of today’s systems also include workflows and e-signature capabilities.
Less paperwork, seamless processes, enhanced employee experiences, and easier recruiting are just some of the reasons to ditch the paper! Ask EBHR how we can help you find the best solution for your business.
More States Require Sexual Harassment Training
What do California, New York, Connecticut, Maine, and Delaware have in common?
All of these states require some form of anti-harassment training, with more states considering similar legislation. No two states are the same in their training requirements, the number of employees training applies to, or how often retraining must be conducted.
Recommendation: Companies with multi-state operations should be mindful of anti-harassment training requirements in states in which they operate. EBHR provides comprehensive and interactive training for supervisory and non-supervisory employees. We also customize and training for out-of-state locations.
This publication is intended to provide general information only and is not intended as a source of legal advice. You should not assume that any information included applies to your specific situation. Accordingly, you should not use this information as a substitute for legal advice from a licensed attorney.
