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EL Today Masthead
January 27, 2009

IN THIS ISSUE:

 

1. Feature Story: New Form I-9 Must Be Used Starting February 2


2. Cathie's Corner: When Mistakes Are Made, The Responsible Party Faces The Consequences


3. WARNing To "Faltering Companies": Be Proactive!


4. Free Report: Rewarding Employees In Tough Economic Times: Retention Ideas That Won't Bust Your Budget

5. HR Soapbox: Lateness Is Relative (But Problematic, Nonetheless)

 

AHI's We Couldn't Make This Up
 

Some employees think their positions entitle them to certain perks. Such was the case of a Daytona Beach police officer who demanded free coffee and tea from a Starbucks and threatened employees with a slower emergency response time if they refused, said an internal affairs report. According to the coffeehouse, the officer frequented the store about six times a night while on duty over the course of about a year.

1. FEATURE STORY:
NEW FORM I-9 MUST BE USED STARTING FEBRUARY 2

 

On December 17, 2008, the Department of Homeland Security (DHS) published an interim final rule revising Form I-9, Employment Eligibility Authorization. Effective February 2, 2009, the new form must be used to verify all new hires and to reverify any employee with expiring employment authorization. You must discontinue using the form dated 06/05/07.

These are the major changes made by the DHS.

1. Expired documents are no longer acceptable. Previously, employers could accept a U.S. passport and all List B documents even if they were expired. Now, no expired documents are acceptable. Reason: Expired documents are prone to fraudulent use, and unexpired documents are more likely to contain up-to-date security features that will make them less vulnerable to counterfeiting and fraud.

2. Passport cards were added to List A alongside U.S. passports. 

3. A provision was added to List A for citizens of the Federated States of Micronesia (FSM) and the Republic of the Marshall Islands (RMI). 

4. The List A reference to temporary I-551 "stamps" on unexpired foreign passports now includes pre-printed temporary I-551 notation on machine-readable immigrant visas. 

5. Forms I-688, I-688A, and I-688B are no longer acceptable. Reason: They are no longer issued, and the DHS has determined that any such documents that were previously issued have expired.

6. Form I-94A has been included next to each reference to Form I-94. The only difference between the two forms is that the fields in Form I-94A are computer-generated, while Form I-94 is annotated by hand.

7. References to Social Security account cards, more commonly known as Social Security cards, are updated. Such cards are now referred to as Social Security account number cards. Also, the new rule reflects the current statutory language for employment restrictions, which has changed over the years.

8. The term "employment eligibility" is replaced with "employment authorization." 

9. References to "INS" are deleted or replaced with "DHS." 

10. References to Certificates of Birth Abroad are corrected in List C.  Form FS-545 is entitled "Certification of Birth Abroad"; Form DS-1350 is entitled "Certification of Report of Birth."

11. Section 1 of the I-9 form lists citizens and non-citizen nationals separately.

12. The I-9 form instructions clarify when employers need to reverify certain employees. Reverification does not apply to aliens whose work authorization does not expire (e.g., asylees, refugees, certain citizens of the FSM or RMI), unless they choose to present employment authorization that contains an expiration date (e.g., Form I-766).

Download the new I-9 form at: http://www.legalworkplace.com/hiring-free-forms.aspx. 

Beware: Immigration and Customs Enforcement (ICE) is not only going after employers, but the individual executives and managers who actually hire illegal workers are also being held accountable.

Complete I-9 Compliance Kit 


The Kit gives you all the step-by-step guidance, forms, and tools you need in order to fill out, retain, reverify, and destroy Form I-9 in compliance with the Immigration Reform and Control Act (IRCA) and includes:

  • I-9 completion and record-keeping guidance
  • Interactive I-9 audit form
  • I-9 storage binder with tabs
  • FAQs

Don't risk costly fines or criminal charges! Order your copy today! 

2. CATHIE'S CORNER:
WHEN MISTAKES ARE MADE, THE RESPONSIBLE PARTY FACES THE CONSEQUENCES

 

Everyone makes mistakes, and sometimes those mistakes can have long-lasting effects. Let me tell you about two that were discovered last week. One mistake was made by an employee, the other by our Benefits team; one we did something about, one we did not....Continue the story.

3. WARNING TO "FALTERING COMPANIES": BE PROACTIVE!

If your company is in the unfortunate position of having to effect a mass layoff or plant closing, you must take into consideration the federal Worker Adjustment and Retraining Notification Act's (WARN) 60-day notice requirement. The notification period may be shorter under these three exceptions...Continue the story.

4. FREE REPORT: REWARDING EMPLOYEES IN TOUGH ECONOMIC TIMES: RETENTION IDEAS THAT WON'T BUST YOUR BUDGE  
 

Check out the Free Report, "Rewarding Employees In Tough Economic Times: Retention Ideas That Won't Bust Your Budget," which offers lots of innovative ideas for low- or even no-cost perks, services, and practices designed to help keep employees engaged and committed both during and after the current economic crisis. The report also features guidance for managers on motivating employees through personal recognition efforts, and offers advice on how to determine which low-cost initiatives are best for your own organization.

5. HR SOAPBOX: LATENESS IS RELATIVE (BUT PROBLEMATIC, NONETHELESS)

Punctuality is a workplace value that varies widely from one organization to another…and sometimes even from one department to another....Continue the story.

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