HR Forum: employment

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New E-Verify tool helps job seekers verify employment eligibility

Today's post comes from G.Neil's HR News Weekly:

The launch of E-Verify Self Check – a partnership between the Department of Homeland Security (DHS) and the Social Security Administration (SSA) – means U.S. job seekers can now check their own employment eligibility status before obtaining jobs.

This voluntary, secure service is the first online tool of its kind, designed to allow workers to review their employment eligibility in their job search, as well as correct any errors in their DHS and SSA records. Doing so can protect them from potential difficulties in being hired by an E-Verify participating employer. This preliminary step can create efficiencies for businesses, as well.

“E-Verify is a smart, simple, and effective tool that allows us to work with employers to help them maintain a legal workforce,” said Secretary of Homeland Security Janet Napolitano. “The E-Verify Self Check service will help protect workers and streamline the E-Verify process for businesses.”

Private-sector jobs took a robust turn in February

It’s up. It’s down. It’s up again. Tracking the U.S. employment climate can be a little bit like following a Hollywood celebrity’s career. But for today, the news is good.

Private-sector employment jumped 217,000 in February – with medium businesses adding 104,000 jobs; small businesses, 100,000 jobs; and large businesses, 13,000 jobs.

The speed of gains is accelerating, too. From December 2010 through February 2011, the average gain was more than 200,000 – compared with an average gain of just over 60,000 during the previous six months.

"Looking at the ADP numbers over the last five or six months, the trend is clearly toward stronger private sector employment and we should see that trend going forward," said Steve Blitz, senior economist for ITG Investment Research in New York.

It's a good Friday for job growth, too

On this sunny Friday afternoon, I thought I’d pass along some equally cheery news from the job front:

The U.S. economy posted its largest job gain in three years in March.

More specifically, the Department of Labor said employers added 162,000 jobs last month – 123,000 of those by private employers.

"It's just the beginning of a rise in private hiring that will help sustain the recovery," said Stuart Hoffman, chief economist at PNC Financial Services Group."They're not big numbers, but they're welcome numbers."

And although some of the news in the report was mixed, I’d like to sustain your good mood with only these additional, upbeat details:

=> Manufacturers added 17,000 jobs, the third straight month of gains
=> Temporary help services added 40,000 jobs, while health care added 37,000
=> Leisure and hospitality added 22,000 jobs
=> Even the beaten-up construction industry added 15,000 positions
=> Plus, the average work week increased to 34 hours from 33.9

This recent report comes on the heels of data earlier this week that showed consumers are stepping up their spending, and manufacturing activity is growing at its fastest pace in more than five years. As they keep a close eye on the numbers, economists are hopeful that the nation will steer clear of a "double-dip" recession, where growth slows after a short burst.

"The stars are starting to align here," said Brian Bethune, chief U.S. financial economist at IHS Global Insight.

ICE announces I-9 inspections at 652 businesses nationwide

U.S. Immigration and Customs Enforcement (ICE) launched an extensive audit initiative on July 1, 2009, by issuing Notices of Inspection (NOIs) to 652 businesses across the U.S., more notices than ICE issued in fiscal year 2008.

The ICE notices serve as an alert to businesses that the agency will be inspecting their hiring records to determine whether they are in compliance with employment eligibility verification laws and regulations.

This initiative shows ICE’s increased focus on holding employers directly accountable for their hiring practices and efforts to ensure they’re employing a legal workforce.

"ICE is committed to establishing a meaningful I-9 inspection program to promote compliance with the law. This nationwide effort is a first step in ICE's long-term strategy to address and deter illegal employment," said Department of Homeland Security Assistant Secretary for ICE John Morton.

In April 2009, the ICE announced that illegal immigration enforcement would be shifting away from undocumented workers and toward employer compliance in order to target the root cause of illegal immigration.

All new employees, including U.S. citizens, must verify their work eligibility with an I-9 form at the time of hire. Employers must retain the verification forms and re-verify existing employees’ work authorization documents that are nearing expiration.

The U.S. Citizenship and Immigration Services (USCIS) recently instructed employers to continue using the current Form I-9 (Rev. 02/02/09) until further notice.

Employers do not need to submit forms to the government for verification, but must hold on to the forms for three years after the employee’s date of hire or for one year after the date the employee leaves the company (whichever date is later).

Order the current version of the Form I-9, along with detailed tip sheets, to ensure your business stays in compliance with federal recordkeeping requirements. Employers can find more tools and information on I-9 recordkeeping practices and completion in the ComplyRight I-9 Bundle.

Reminder: New Form I-9 effective April 3

Next Friday, April 3, 2009, employers must start using the revised Form I-9 for Employment Eligibility Verification.

The new I-9 form was originally scheduled to take effect on February 2, but the U.S. Citizenship and Immigration Services (USCIS) delayed implementation for 60 days for further review.

Employers should continue using the current Form I-9 until April 3 and should prepare to use the new version beginning April 3.

Completing the I-9 form is mandatory for all new employees hired to work in the U.S. and the updates reflect numerous changes in the list of acceptable documents employers may use to verify an applicant’s work eligibility status.

The new Form I-9 reflects several changes, including:

Expired documents are no longer considered acceptable proof of identification or work authorization.
Three documents were removed from List A of the List of Acceptable Documents: Form I-688, Temporary Resident Card, Form I-688A, Employment Authorization Card, and Form I-688B, Employment Authorization Card.
Foreign passports with machine-readable visas for certain citizens of the Federated States of Micronesia (FSM) and the Republic of the Marshall Islands (RMI) were added to List A.
The new U.S. Passport card was added to the list of acceptable employment eligibility verification documents.

Employers who fail to use the revised Form I-9 by April 3, 2009, may be subject to violation fines. Neglecting to fill out an I-9 form for every employee, or filling out forms incorrectly , can result in up to $1,100 for every incorrect form.

Order the updated I-9 form with detailed tip sheets to ensure your company is in compliance with federal recordkeeping requirements. More tools and information on completing your I-9 forms correctly are available in the ComplyRight I-9 Recordkeeping Kit.

Job training program opens new doors in Michigan

Last month, Michigan Gov. Jennifer Granholm passed a bill allowing community colleges to create training programs for businesses adding new jobs or new businesses coming into the state.

Under Michigan’s New Jobs Training Program, participating businesses and community colleges would pay nothing. Tuition and training costs will be financed through bonds sold by the colleges and paid back with employer withholding taxes.

Companies may participate under the condition that the training is for newly created jobs, as part of an effort to build up the state’s job base. Trainees can’t be replacement workers for existing positions.

From the Lansing State Journal:

"This is not a hit to the state, because these are new jobs," said Michael Hansen, president of the Michigan Community College Association. "The state was never going to realize that income tax anyway. The jobs wouldn't exist except for this program."

Modeled on a successful program in Iowa, the initiative "is a win for the community college, because they develop training capacity," he said, adding that several of the state's community colleges, Lansing Community College among them, have already expressed interest.

"It's a win for the company, because they get their workers trained for free," he said.

The New Jobs Training Program is modeled after a successful program Iowa began in 1983. In Iowa, companies adding new jobs can make agreements with local community colleges to train a set number of employees. The colleges issue bonds to the employer, which are repaid by the trained employees’ state income taxes. Training is received at no cost to the employee, and their company takes responsibility for repayment if the training contract is broken.

In the 25 years since the Iowa program began, “employers working with community colleges have received over $560 million from the Iowa New Jobs Training Program for 2,000 training projects and more than 138,000 planned new jobs, some of which pay salaries averaging nearly $40,000 annually,” according to SHRM.

When signing the legislation, Michigan Gov. Granholm pointed out that the state “must do everything we can to help our citizens get the training they need for good-paying jobs in this challenging global economy. These bills are another part of our plan to ensure that we have a strong workforce that can compete and win in the 21st century.”

USERRA helps veterans get back to work

Earlier this month, the President announced the withdrawal of 8,000 troops from Iraq by next February and the deployment of others to Afghanistan.

With 8,000 troops expected to return to the U.S. by next year, employers need to be prepared and understand the details of the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA).   USERRA provides reemployment protection and other benefits for veterans and other employees who perform military service. The law applies to all employers, regardless of size and all service members, including those who volunteered to serve.

"Service members transitioning from the military today are some of the most educated, technically savvy, professionally qualified the armed forces have ever produced," says Willie Hensley, deputy assistant secretary for human resources management and labor relations for the U.S. Department of Veterans Affairs.

Many service members have received expert training in areas such as engineering, health care, information technology and security. Even with their qualifications, helping service members transition back into the workplace can be a difficult process.

For employers looking to hire veterans and advice for transitioning soldiers, visit sites including:

For more information on how USERRA protects the employment and benefit rights for employees who serve in the military and your responsibilities for accommodating disabled veterans visit GNeil.com and take a look at our E-Guide: When Soldiers Return to Work.

Target $6 million settlement: Is your site ADA compliant?

Target Corp. has recently agreed to a $6 million settlement class-action lawsuit after failure to accommodate blind customers on their website.

In early 2006, The National Federation of the Blind (NFB) and others charged that blind people could not access Target.com, citing “public accommodation” provisions under the Americans with Disabilities Act (ADA).

Target fought the lawsuit, claiming that ADA provisions only related to their “brick-and-mortar” stores. The court found that Target.com was a “gateway” to stores and “heavily integrated” with physical stores, making the website subject to ADA requirements.

In addition to setting up a fund from which plaintiffs can make claims, Target will make all necessary changes to their website to ensure customers using screen-reader software can find the same information and make transactions as all other users. The NFB will regularly test website improvements once completed.

Target also agreed to hold regular training sessions for its Web developers and review quarterly reports of complaints regarding Target.com’s accessibility.

Legal experts advise companies with websites that are “heavily integrated” with brick-and-mortar stores to consider upgrading, allowing better accessibility for the blind and disabled.

Experts also warn employers who regularly post employment opportunities and job applications on their website to consider making changes to comply under the ADA’s employment discrimination provisions and ensure full access to disabled individuals.

Online tool helps employers reintegrate veterans

The U.S. Department of Labor recently announced the launch of a new online resource to help employers accommodate veterans with traumatic brain injury (TBI) and post-traumatic stress disorder (PTSD) in the workplace.
 
The new America’s Heroes at Work website provides employers with information about TBI and PTSD, along with tools and advice on how to reintegrate afflicted veterans, particularly service members returning from Iraq and Afghanistan.

“This America's Heroes at Work initiative focuses on the employment challenges of returning service members who are living with traumatic brain injury and post-traumatic stress disorder,” said Secretary of Labor Elaine L. Chao.

“One of the best ways we can help these courageous men and women and honor their sacrifice is to help them return to full, productive lives through work. Employment can also play a role in their recovery.”

Though their injuries may not be visible, veterans with TBI or PTSD face challenging obstacles when returning to the workplace. Through America’s Heroes at Work, employers can find resources including job coaching and mentoring programs to create a positive, successful work environment for employees who have experienced traumatic events.

"Employment plays absolutely a major role in the rehabilitation of our servicemembers, regardless of the kind of injuries that they may have," said Charles S. Ciccolella, the Labor Department's assistant secretary for Veterans' Employment and Training Service.

Visit America’s Heroes at Work.

New passport card acceptable in Form I-9 process

The United States Citizenship and Immigration Services (USCIS) is informing the public that the new U.S. Passport Card may be used to verify employment eligibility in the Form I-9 process.

The new passport card was created as a less expensive and more portable alternative to the traditional passport book. Its purpose is to speed up document processing at U.S. land and sea ports of entry for U.S. citizens traveling to Canada, Mexico, the Caribbean and Bermuda.

While the card may not be used for international air travel, it is a valid passport certifying U.S. citizenship and the card holder’s identity. The new passport card may be used to verify work eligibility in the Form I-9 process and employers participating in the E-Verify program.

The passport card is classified under “List A” documents to prove the identity and work eligibility of a newly hired employee when completing the I-9 form. Review the lists of acceptable and unacceptable documents new hires may use to verify work eligibility.

In related news, the House of Representatives passed the Employee Verification Amendment Act of 2008 on July 31, that would extend the federal E-Verify program for five years.

The act includes a provision that would authorize two Government Accountability Office studies to investigate the impact of the program on small businesses.

The bill continues through to the Senate, but no action is expected until September when legislators return from their August recess.

Read more about the E-Verify extension.

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