AHI's We Couldn't Make This Up

According to a CareerBuilder.com survey, some of the strangest requests managers have received from employees include: that jail time be covered under family medical leave; instituting bikini Fridays; that the HR person wear nicer shoes; replacing a desk with a futon so employees can work laying down; and that the lactation room, complete with gliding chair, be used for naps, so everyone could make use of it.

1. FEATURE STORY: WOULD YOUR I-9 FORMS PASS AN ICE AUDIT?

Last month, U.S. Immigration and Customs Enforcement (ICE) announced the issuance of Notices of Inspection (NOIs) to 1,000 employers across the country associated with critical infrastructure, alerting business owners that ICE will audit their hiring records to determine compliance with Form I-9 employment eligibility verification laws.

"ICE is focused on finding and penalizing employers who believe they can unfairly get ahead by cultivating illegal workplaces," said ICE Assistant Secretary John Morton. "We are increasing criminal and civil enforcement of immigration-related employment laws and imposing smart, tough employer sanctions to even the playing field for employers who play by the rules."

The 1,000 businesses served with audit notices were selected for inspection as a result of investigative leads and intelligence and because of their connection to public safety and national security, e.g., privately owned critical infrastructure and key resources. The names and locations of the businesses were not released due to the ongoing, law enforcement sensitive nature of these audits.

You may think that your company can fly under ICE's radar, but one call from a disgruntled employee could have the government knocking on your door. You should be conducting periodic I-9 audits on your own and making a good-faith effort to correct mistakes. This will help make an ICE inspection as painless as possible.

Determine whether you have I-9 forms filled out for all current employees. If any are missing, you will have to ask those employees to fill it out again. Do not backdate the new I-9s to reflect when they should have originally been done. Simply note and initial that the old one was lost and a new one was created.
Correct simple errors (e.g., a missing date, a transcription error) by crossing out the wrong information and filling in the correct information. Initial and date the correction.

Note: If the employer signature is missing, do not sign it yourself because you have not seen the employee's identity and employment authorization documents yourself. The signature is an attestation that you have examined the documents and they appear to be genuine and relate to the individual.
If there is an error related to an employee's documents (e.g., missing information), you will need to have the employee bring in either a List A document or a List B and a List C document. Do not require the employee to bring in the same document(s) that he/she originally used; you must accept any document(s) from the Lists Of Acceptable Documents.
If you are missing I-9 forms for former employees that should still exist (i.e., it has been less than three years after the date of hire or less than one year after termination), there isn't much you can do. If there are copies of the employees' documents attached, you can fix simple transcription errors. You can also look at personnel files to fill in a missing hire date. Otherwise, you do not have to contact former employees to correct other errors.

This is a good time to purge the files of I-9 forms of former employees that can legally be destroyed and to set up a system for periodically doing so, if there is not already a system in place.

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: EMPLOYEES ARE NOT JUST NAMES IN A DATABASE

I wonder if we always realize the trickle-down effect of some of the actions we take, or don't take....Continue the story.

3. AT-HOME ONLINE TRAINING MUST BE PAID

Online training programs eliminate the hassle of trying to schedule a convenient time for employees to be trained. This means employees may end up taking the training at home and after normal work hours. You must evaluate whether this time is compensable work time, and pay employees accordingly....Continue the story.

4. FREE REPORT: THE TOP 10 FMLA COMPLIANCE PROBLEMS UNDER THE NEW REGULATIONS

Check out the Free Report, "The Top 10 FMLA Compliance Problems Under The New Regulations," which is filled with expert insight on avoiding the compliance problems that continue to plague employers under the final Family and Medical Leave Act (FMLA) rules. Get advice on managing unscheduled intermittent leave and light-duty assignments; clarifying health care provider certifications; understanding how the FMLA interacts with the Americans with Disabilities Act, Workers' Compensation, and short-term disability; and more. Plus, the report summarizes how the National Defense Authorization Act (NDAA) has expanded the FMLA's family military leave provisions to protect even more individuals.

5. HR SOAPBOX: THE JOYS (& HASSLES) OF GIFT GIVING AT WORK

'Tis the season for the giving and receiving of holiday gifts between family members, friends…and sometimes co-workers....Continue the story.

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