From the Boston Globe's "Twisted Headlines."
Candidate Romney fires landscapers over illegal workers ... again!
Mitt vows from now on all his yard help must receive a masters of lawn care from Harvard.
|
|
|
Welcome
|
|
"Neither a disappointment nor exceptionally strong," that's how the New York Times termed the Labor Department's newest employment survey released on December 7, and considered a bellwether for the broader economy.
Speaking of the employment climate, you'll need to use the new Employment Eligibility Verification Form I-9 starting Dec. 26, 2007, or risk fines and penalties. What you don't want is a raid from the Feds, or even worse, bad publicity like Mitt Romney is getting. This article will tell you what to do.
Do your colleagues, coworkers, and friends a favor by forwarding them this newsletter in its entirety.
I'd like to get a handle on your hiring plans, which I'll share next issue, so please complete my 30-second confidential "employment outlook" survey below. Thanks.
My very best wishes for a happy holiday season and a prosperous New Year!
Les Gore
Executive Search International
|
|
|
New Law: Verify Employees or It'll Cost You Big Time.
|
|
You'll need to use the new Employment Eligibility Verification Form I-9 starting Dec. 26, 2007, or risk fines and penalties.
In my June 2006 newsletter, "Eye on I-9," I wrote about getting ready for the then proposed legislation requiring all employees, citizens and noncitizens, hired after November 6, 1986 and working in the United States to complete a Form I-9.
Well, it's here, and starting December 26, 2007, it's the law. From that day on, you'll have to use the new Employment Eligibility Verification Form I-9, or risk fines and penalties, says U.S. Citizenship and Immigration Services (USCIS), which published details of the requirement in the Federal Register on Nov. 26, 2007.
The Cost of Noncompliance
Criminal penalties for employers and their managers who violate the law, include fines of up to $3,000 per unauthorized worker and jail time of up to six months. Civil penalties may vary.
You Must Use New Form I-9 Starting Dec. 26
On Nov. 8, USCIS told employers about the new Form I-9, which adds a document to the list of acceptable credentials that employers can use to verify the employment eligibility of new hires. The new form also removes five documents from the list of acceptable credentials.
In the Nov. 8 notice, employers were informed they could use the new Form I-9, but were not required to do so. In the new Federal Register notice, USCIS is saying that it will allow a 30-day transition period before use of the new Form I-9 becomes mandatory.
During the transition period, employers will not be subject to fines or penalties for using the old Form I-9. However, once the transition period ends, employers who do not use the new Form I-9 could face fines or other penalties, as mandated by the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, USCIS says.
The Illegal Immigration Reform and Immigrant Responsibility Act requires your organization to use Form I-9 to verify the identity and work eligibility of all new employees (including U.S. citizens) at the time they are hired. Completed I-9 forms are to be maintained by the employer, in hard-copy or electronic format, for three years after the employee's date of hire or for a year after the date the employment is terminated, whichever is later, USCIS says. Completed forms are not to be submitted to the government, but must be retained.
The revised Form I-9 removes five documents from "List A" that you may accept from new hires. The revised List A--which is to "Establish Both Identity and Employment Eligibility"--adds one document to the index.
The documents employers can accept under List A on the new form I-9 are:
· U.S. passport.
· Permanent Resident Card or Alien Registration Receipt Card (Form I-551).
· Unexpired foreign passport with a temporary I-551 stamp.
· Unexpired Employment Authorization Document that contains a photograph (Form I-766, I-688, I-688A or I-688B).
· Unexpired foreign passport with an unexpired "Arrival-Departure Record," Form I-94, bearing the same name as the passport and containing an endorsement of the alien's nonimmigrant status, if that status authorizes the alien to work for the employer.
The documents removed from List A and no longer acceptable are:
· Certificate of U.S. Citizenship (Form N-560 or N-561).
· Certificate of Naturalization (Form N-550 or N-570).
· Alien Registration Receipt Card (I-151).
· Unexpired Reentry Permit (Form I-327).
· Unexpired Refugee Travel Document (Form I-571).
The employment eligibility process is sure to be a major pain for many companies, because of its paper-intensive process as well as the physical storage of documents. For pain relief, there are a number of third party organizations that can help you out. Stick with designated agents of the DHS E-Verify program. They have easy to use, fully electronic I-9 solutions that comply with all federal laws, including e-signature, storage and re-verification requirements. Forms and reports may be downloaded, printed and e-mailed, thus providing increased efficiency as well as easy storage, search and retrieval.
The preceding is based on information provided by the Society for Human Resources Management. It is presented as general information only and does not constitute and is not a substitute for legal or other professional advice.
|
|
2008 Employment Outlook:
30-Second Confidential Survey
|
|
 Do you expect to increase your workforce during the first quarter of 2008, trim your payrolls, expect no change in the hiring pace, or are you undecided about your hiring plans?
Click here to take the survey, we'll show results next issue.
|
|
|
Feedback
|
|
If you would you like to comment about this article, or have ideas about future articles, please email me at les@execsearchintl.com
Online Shopping Site For Sale.
Features advanced patent-pending technology for cash back rebates.
Affiliate aggregation website has advanced patent pending technology that offers cash back up to 30% to online shoppers from currently over 300 name brand merchants. Winner of a 2007 WebAward from the Web Marketing Association.
For more information call or send me an email.
|
|
|
About Executive Search International
|
|
|
Executive Search International is a nationally recognized boutique firm providing best practice search and recruiting services for client organizations, ranging from multinational corporations to small entrepreneurial businesses.
Les Gore, founder and managing partner, is an over 20-year veteran of the "recruiting wars," and has been called "The Dean of Direct Marketing Executive Recruiters."
|
|
|
|
Executive Search International