Sovereign HR

SHRM on LinkedIn: "Ever-evolving laws make routinely reviewing and updating handbooks critical for employers. Here are some of the key state and local issues employers should note." January 15, 2019: SHRM posted an article on LinkedIn

4 Immigration Violations that can put Employers in Hot Water:

In the United States there has never been a more confusing time to be a foreign worker or their employer.

#1 The Location of the Company is Important
“Many states, including Alabama, Arizona, Tennessee and others, require employers who hire foreign workers to send the names and identification through a program called E-Verify. This is an internet-based database that allows companies to determine if foreign workers are eligible to work in the United States. If the company is not using a PEO like us, the employer must register with E-Verify and the federal government.
As a PEO, we utilize E-Verify. This allows our clients who might be located in states that require this eligibility database to use us for this verification. This is a time-saver and potentially a money-saver because of fines for violations.
Even in states where this law is not in effect, if the company is working on state or federal contracts, they are required to check the eligibility of these foreign workers. We handle these background checks for our clients.”

#2 Trouble-Shooting the Requirements of I-9 Forms
There is a difference between E-Verify and completion of I-9 forms. First, the I-9 is mandatory throughout the country. Second, it must be used to verify expired employment authorization.
This becomes complicated when a worker has been involved in training by an employer. The requirements of I-9 are different if the worker goes from one employer to another and sometimes the worker’s documents have expired and therefore are not compliant. We assist our clients in ensuring that all of the I-9 forms are accurate and completed to the letter of the law.

#3 Employers Must Request Visas
We cannot sponsor a foreign worker for a visa on behalf of our clients – this must be done by the employer.
If the number of visas is cut by 50 percent, as proposed by the President, this will make these visas very scarce. Employers will have to make persuasive, skills-based arguments. Plus, clients may have to work with immigration attorneys to assist them in applying for foreign worker visa applications.

#4 Ensuring That All U.S. Employment Laws are applied to Foreign Workers
If you are allowed to work in the United States, all U.S. laws apply to your employment. This includes workers compensation, minimum wage and fair labor standards. This becomes problematic even if a worker is found to be ineligible. The U.S. laws still apply to them and there are substantial fines that can be assessed to employers who fail to adhere to this.

Fines for Violations of these Laws Can be Substantial
Not following these laws can be an expensive proposition and, as with all legal violations, ignorance is no excuse.
Employers are facing potential fines for violations of the I-9 forms, and they are very specific.For the first offense of an I-9 form violation, the minimum fine is $216 per violation while the maximum fine is $2,156 per violation. So, if an employer has many workers and makes mistakes on the I-9 documentation, it can get very expensive.
If it is determined that an employer has hired unauthorized workers, the minimum fine is $539 per worker and the maximum is $4,213 per worker. If it is found that this hiring of unauthorized workers is a recurring problem, these fines can go up further.
Obviously, it pays to be compliant.

Skilled foreign workers can greatly improve the productivity of many companies. However, violations of federal laws governing these workers can be costly. Contact us for the information you need to be compliant

FOUR WAYS TO AVOID SEXUAL HARASSMENT PITFALLS

Here are four ways you can protect yourself from the growing risk of non-existent or bad sexual harassment policy.

1. If you don’t have a published sexual harassment policy…get one now!
This first step lays the groundwork for protecting your organization from the risks of sexual harassment. Clearly communicating how employees and your organization should respond when harassment occurs is essential in today’s environment.
A well-written sexual harassment policy published in an up-to-date employee handbook serves as a foundation for reporting these types of accusations as well as fairly investigating and remediating them.

2. Review your sexual harassment policy and non-disclosure documents…right away!
Reviewing and updating your sexual harassment policy is a great way to jumpstart the annual review of your employee handbook, non-disclosure agreements and other related documents.

Ask yourself two key questions when reviewing the policy:
1) How well does it educate workers about their rights in the workplace?
2) How well does it outline what does and does not constitute harassment?

“Harvey Weinstein used elaborate non-disclosure agreements to silence accusers…,” according to a recent Huffington Post article. This is one of the reasons that non-disclosure agreements are facing increased scrutiny.
Some attorneys advise against agreement or settlement language that prohibits a victim from going to law enforcement or taking part in an EEOC claim. Title VII and the National Labor Relations Act nullify agreements that attempt to limit discussions of workplace conditions and charges of discrimination by workers.

3. Give employees multiple ways to report sexual harassment and register complaints.

Employers put themselves at risk if they don’t practice and enforce what’s outlined in their sexual harassment policies. That includes providing multiple ways for employees to effectively report incidents.
Many companies are adding anonymous worker tip lines. It’s a relatively inexpensive way to give employees another way to confidentially report harassment. An anonymous employee tip line empowers workers to speak up about workplace concerns. They can remain nameless. And it gives employers a chance to deal with harassment and other complaints before they get out of hand.
4. Give managers the resources they need to handle sexual harassment incidents.
Effective sexual harassment training for executives and managers is a basic starting point. We suggest supplementing harassment training with a managers HR help line—one staffed with a knowledgeable, HR expert that managers can call for practical step-by-step guidance and suggestions as situations arise.
You may want to check out the EEOC’s new training on harassment prevention and creating respectful workplaces. An “outgrowth” of the EEOC’s Task Force Study on Harassment in the Workplace, the training program reportedly addresses “compliance, workplace civility and bystander intervention training.”