Has the No-Match Rule met its match with E-Verify?

In a bit of a “I told you so” move, the Department of Homeland Security (DHS) proposed a new regulation on August 19 that could kill the controversial Social Security Administration (SSA) No-Match Rule. As you recall, the rule established a “safe harbor” provision allowing employers 90 days to resolve any employment eligibility issues identified in a No-Match letter or notice from DHS. (Typically, an employee’s name and Social Security Number - as provided in a W-2 earnings report - not matching SSA records.)

Most employers aren’t sad to see the rule go. This is largely due to the fact that even though millions of undocumented immigrants receive No-Match letters every year, so do legal workers, due to clerical errors, unreported name changes and other discrepancies. Regardless of the circumstances, the No-Match Rule would have put employers in the hot seat, requiring them to penalize or fire workers who were unable to correct their Social Security records in time.

In the rule’s place, the DHS plans to focus its enforcement efforts on employer participation in E-verify. This free, Web-based system, operated by DHS in partnership with the SSA, compares employee information from the Employment Eligibility Verification Form (Form I-9) against federal databases. “E-Verify is a smart, simple and effective tool that reflects our continued commitment to working with employers to maintain a legal workforce,” says DHS Secretary Janet Napolitano.

Like I mentioned earlier, it’s not like we didn’t see this coming. In a July 8 press release from the DHS, it was revealed:

DHS will be proposing a new regulation rescinding the 2007 No-Match Rule, which was blocked by court order shortly after issuance and has never taken effect. That rule established procedures that employers could follow if they receive SSA No-Match letters or notices from DHS that call into question work eligibility information provided by employees. These notices most often inform an employer many months or even a year later that an employee’s name and Social Security Number provided for a W-2 earnings report do not match SSA records—often due to typographical errors or unreported name changes. E-Verify addresses data inaccuracies that can result in No-Match letters in a more timely manner and provides a more robust tool for identifying unauthorized individuals and combating illegal employment.

What to do in the meantime?

Even though it looks like the DHS will not be mandating a “safe harbor” process for responding to No-Match letters anytime soon, you should still follow some basic precautions when screening and verifying an employee’s eligibility to work.

By law, you may not:

Set different standards for verifying employment eligibility or require that different documents be presented by different groups of employees. For example, you cannot waive I-9 requirements for individuals appearing to be U.S. citizens.

Require applicants to provide I-9 documentation before making a job offer. Legally, job applicants do not have to verify their identity or employment eligibility until they actually start work.

Specify or select which documents must be provided. The I-9 form lists the specific documents an individual may provide to establish his/her identity and work authorization. Employers must allow individuals to choose from this list of permissible documents.

Discriminate against individuals with “temporary” work authorization status. Temporary resident aliens and individuals who have asylum typically have documents that expire, but they ordinarily obtain extensions.

Has the No-Match Rule met its match with E-Verify?

Overtime lawsuit could pack a huge financial wallop for UPS

Remember last week’s post on overtime pay – and the spike in employee lawsuits to recover “lost” overtime wages? And how important it is to properly classify employees as exempt or non-exempt, according to FLSA regulations? Well, no one is feeling the pain of this more than UPS right now.

Filed August 19 in federal court, a class action lawsuit claims that United Parcel Service (UPS), the world’s largest package delivery service, failed to pay as much as $100 million in overtime wages to its account managers. The plaintiff, a UPS employee since 2005, says she has regularly worked 60 hours a week but was only paid a straight salary. She adds that UPS misclassified her and other account managers as outside salespersons or administrative employees exempt from overtime pay. And therein lies the problem:

The suit says UPS' account managers don't make sales or obtain contracts nor do they perform managerial type work, and therefore shouldn't be classified as outside salespersons or administrative employees. (The Boston Globe)

To make matters worse, the lawsuit also claims that account managers were not given mandatory meal and rest breaks – and that UPS doesn’t keep accurate records of hours worked.

As a result, UPS is facing a potential jury trial, more than $100 million in damages and the payment of attorneys' fees. The class-action suit also seeks to represent other UPS employees facing a similar situation.

So I’ll wrap up today’s post with the same suggestion as last week: Check out the ComplyRight Now E-Guide, Determining Exempt vs. Non-Exempt Employees (and other FLSA compliance tools) for help figuring out whether an employee is exempt or non-exempt. With overtime lawsuits growing at a breakneck pace, now is the time to be absolutely certain you’re following FLSA exemption rules to the letter of the law.

Overtime lawsuit could pack a huge financial wallop for UPS

Can employees vent their workplace frustrations on personal blogs?

Jane had an awful day at work, butting heads with her manager about how she handled a particular project. Later that evening, still fuming about the run-in, she signs into her personal blog account and lets loose about how much her manager irritates her. And she doesn’t stop there: She continues her blog post by trashing the company and how they treat their employees.


As an employer, can you restrict employees from blogging about workplace concerns – and if you learn of negative or damaging posts, can you act on them?

The answer may depend on whether you’re a private or public employer.

In a 2006 survey co-sponsored by the American Management Association, it was revealed that nearly 2% of employers have fired workers for offensive blog content, including posts on employees’ personal, home-based blogs.

“Employee bloggers, who can be fired, or “dooced” in blog parlance, for blogging at work (and at home on their own computers) face increasing risk of termination by employers struggling to keep a lid on legal claims, regulatory fines, and security breaches. With the blogosphere growing at the rate of one new blog per second, industry experts expect the ranks of dooced employee bloggers to swell.”

And for those employees who feel this type of action is a violation of their rights to free speech under the First Amendment, Nancy Flynn, author of Blog Rules and executive director of The ePolicy Institute, shares:

“Employee bloggers mistakenly believe the First Amendment gives them the right to say whatever they want on their personal blogs. Wrong! The First Amendment only restricts government control of speech; it does not protect jobs. Bloggers who work for private employers in employment-at-will states can be fired for just about any reason—including blogging at home on their own time or at the office during work hours.” (American Management Association)

Ms. Flynn points out an important distinction here and it concerns the actions private employers can take. But what about public employers? Do they have the same right to terminate an employee for improper blogging?


In the paper, Blogging While (Publicly) Employed: Some First Amendment Implications , Paul M. Secunda compares the First Amendment free speech implications for public and private employers – and what the future holds for employees who choose to blog about their workplaces. He explains:

“While private-sector employees do not have First Amendment free speech protection for their blogging activities relating to the workplace, public employees may enjoy some measure of protection depending on the nature of their blogging activity. The essential difference between these types of employment stems from the presence of state action in the public employment context.”

It should be noted that, regardless of whether an employee works for a private or public business, certain speech about unionization or working conditions is protected. For example, it could be a violation of the law for an employer to take action against an employee blogging about an experience with sexual discrimination at work. It could also be a violation to retaliate against an employee for complaining about workplace safety issues. Obviously, an employee would enjoy greater protection under these circumstances if he or she issued a formal complaint with the employer before sharing information on a personal blog.


(Check your state laws, too, since many states prohibit employers from disciplining or firing employees for activities they pursue offsite, on their own time. These “off-duty conduct” statutes often contain language protecting employees who “use legal products” (such as cigarettes) off-duty, as well as protection against any employee conduct that doesn’t break the law. This coverage could apply to employees who keep a personal blog. )

One important step you can take to discourage negative or damaging blogging by your employees is to include a written policy in your employee handbook. With Gradience Handbook Manager Software, you can easily create a comprehensive, legally compliant handbook that addresses, among other things, the issue of blogging. One of the recommended policies, “Use of Company Communication Systems”, covers employee blogging/social networking sites and provides guidelines for employees to follow, such as “(Company) expects that employees will be respectful to the Company, fellow employees, our customers, partners and competitors. Employees must not post materials that violate the privacy or publicity rights of another individual or entity.”

Can employees vent their workplace frustrations on personal blogs?

Gerber to pay $900,000 settlement for discriminatory hiring practices

Gerber Products Company in Fort Smith, Ark. will pay $900,000 in a hiring discrimination suit involving 1,912 minority and female applicants rejected for entry-level positions, according to an announcement from the Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP).

From the announcement:

During a scheduled compliance evaluation of Gerber Products in Fort Smith, OFCCP investigators found the hiring disparity was in part caused by inconsistent selection procedures for entry-level positions. Additionally, OFCCP found that Gerber used pre-employment tests that negatively impacted minority applicants and determined that there was insufficient evidence of validity to support Gerber's use of the test. Gerber has discontinued its use of the test in the hiring process for entry-level positions.

The test that Gerber used was the TABE, or Test of Adult Basic Education – a test that is primarily used by adult education centers to evaluate a student’s reading and math skills. Elizabeth Todd, spokeswoman for the Labor Department at Dallas, said the aptitude test, with its pass-or-fail results, “significantly impacted minorities.”

In addition to paying $900,000 in back pay and interest to the applicants, Gerber will:

• Provide 61 entry-level positions (11 of whom have already been hired)
• Undertake extensive self-monitoring measures to ensure they fully comply with the law when hiring, and promptly correct any discriminatory practices
• Comply with Executive Order 11246 recordkeeping requirements

Employers can learn a few lessons from this case, most notably that the OFCCP, which is “responsible for ensuring that contractors doing business with the Federal government do not discriminate and take affirmative action”, can be a strict enforcer of employment discrimination laws. The agency monitors federal contractors to ensure they provide equal employment opportunities without regard to race, gender, color, religion, national origin, disability or veterans’ status.

Further, because recipients of federal funds must adhere to specific information reporting and auditing requirements, their hiring practices can fall under even tighter scrutiny with the OFCCP than with the Equal Employment Opportunity Commission (EEOC). Proper training for your hiring managers is essential, including a careful review of the tests and practices used to screen and select applicants for hiring.

“This settlement … should put all federal contractors on notice that the Labor Department is serious about eliminating systemic discrimination,” said Labor Secretary Hilda L. Solis.

Gerber to pay $900,000 settlement for discriminatory hiring practices

Can salaried employees receive overtime pay?

Towering billboards and catchy advertisements shout the message: “Unpaid overtime hours? Wronged by your employer? You may be entitled to money!”

Class action lawyers are enjoying a brisk business targeting employees who believe they haven’t received their entitled overtime pay – and helping them recover these “lost” wages in court. With the Department of Labor (DOL) estimating that a staggering 70 percent of employers aren’t in compliance with the Fair Labor Standards Act (FLSA) in some manner, now is the time to review one of the biggest areas of vulnerability for employers: misclassifying employees as exempt vs. non-exempt.

The DOL states that:

The FLSA, which prescribes standards for the basic minimum wage and overtime pay, affects most private and public employment. It requires employers to pay covered employees who are not otherwise exempt at least the federal minimum wage and overtime pay of one-and-one-half-times the regular rate of pay.

Determining those employees “who are not otherwise exempt” is the tricky part, however. Problems may arise if it appears you’re avoiding paying an employee overtime pay by misclassifying the non-exempt employee as an exempt employee. In some cases, salaried employees are entitled to overtime pay; the distinction is whether the employee is “exempt” according to FLSA requirements. While most exempt employees must receive a salary, salaried workers aren’t necessarily exempt from being paid overtime for working more than 40 hours in a week.

Generally speaking, employees who work in an executive, administrative or professional capacity - as well as certain employees in computer-related positions and outside salespeople -are exempt. To qualify for an exemption, these employees must meet certain tests regarding their job duties and be paid a salary of at least $455 per week. Job titles do not determine exempt status. Rather, an exemption applies when an employee’s specific job duties and salary meet all the DOL regulations.

Check out the ComplyRight Now E-Guide, Determining Exempt vs. Non-Exempt Employees, for help figuring out whether an employee is exempt or non-exempt – and to steer clear of FLSA-related employee lawsuits.

Can salaried employees receive overtime pay?

Thanks to ADA, NBA may employ oldest player in history

Alan Rupe is a 59-year-old, 5-foot-ten attorney, who claims he can have his dream job as a professional NBA player and you can too, thanks to the Americans with Disabilities Act (ADA).

His strategy – leverage some recent court decisions “guaranteeing” equal employment rights under the ADA in his favor. All he needs to do is find a mental or physical disability protected under the ADA.

His plan – find an ADA protected mental or physical disability. After proving that he suffers from a covered disability, the NBA will essentially be forced to accommodate his limitations.

Sound crazy? Maybe crazy like a fox…

Take a look at the recent appeals decision of Tobin v. Liberty Mutual. Plaintiff Tobin claimed his bipolar disorder caused a lack of focus and concentration. He couldn’t complete work on time, prioritizing was difficult and stress worsened his symptoms.

After 11 months of Liberty working with Tobin to accommodate his disability, he was fired for “consistent poor performance” that the company said lasted for years. Long story short – Tobin sued. Tobin won more than $1 million.

In another case, Titus v. Home Depot, a store manager suffered an injury on the job that caused permanent damage. The manager requested Home Depot make “reasonable accommodations” for him that included a promotion. The company declined, the manager sued and won.

Under the ADA, employers must “provide reasonable accommodation to qualified individuals with disabilities who are employees or applicants for employment, unless to do so would cause undue hardship.” (EEOC)

“Unless an employer can prove it would suffer “undue hardship” in the operation of the business, the employer is required to provide the requested accommodation,” says Rupe.

As it turns out, the older Rupe gets, the better chance he has at joining the NBA. Like I said, crazy like a fox.

New amendments to the ADA effective January 1, 2009, expanded the definition of disability. And as some experts predicted, reasonable accommodation requests have become more frequent and complicated.

Be prepared to handle and know how to document reasonable accommodation requests with tools like the ComplyRight ADA Administration System. With this supply of ADA forms, information and tip sheets, you’ll be ready to manage employee requests.

With Rupe on the way, maybe the NBA should look into it, too.

Thanks to ADA, NBA may employ oldest player in history

Wellness investment yields better than 1:1 return

For companies to commit financially to anything these days, executives first need to know that the return on investment (ROI) is worth getting involved. Even internal investments such as employee wellness programs, which have lacked hard ROI data in the past, must prove that they’re a sound investment.

If you’re one of those searching for wellness program ROI data, you’ll be happy to hear that recent research suggests companies that invest in employee wellness get their investment back, and then some.

A survey of 225 employers by Health2 Resources revealed that 73% of companies successfully measured the ROI of wellness programs. Of those that measured ROI, 83% said their programs had a return of better than 1:1 on their investment.

"Employers are becoming more sophisticated about measuring the return on investment from wellness and disease management programs, and today's economic outlook dictates that these programs bring a positive ROI," said Sean Sullivan, president and CEO of the Institute for Health and Productivity Management.

"No other kind of health management program has been given the same scrutiny as health and productivity management in measuring its effectiveness in reducing total health-related costs, including sick days, disability claims and impaired performance at work. Employees are too valuable a human capital investment for companies to take their health and productivity for granted."

The survey also found that most employers with and without wellness programs in place believe that paying employees to participate boosts program success and return value. An estimated two out of three U.S. companies offer programs dedicated to employee health, and 66% of those with programs also use incentives.

Other key findings:

• The most commonly used incentives are premium reductions followed by merchandise/tokens and gift cards.
• Smoking cessation programs are the most popular health and wellness program to offer, with weight management and physical activity programs a close second.
• Some organizations with as few as 210 employees are offering incentives valued at $1,450 per year to keep employees healthy.
• Diabetes programs are the most popular disease management program offered in 2009.

Does your company offer any health and wellness programs for employees? What kind of incentives, if any, are promoted to get employees involved? Have they seen a positive ROI?

Please leave a comment and let us know about your company’s experience with wellness programs.

Wellness investment yields better than 1:1 return

Mastering the tools of engagement

Your employees show up to work every day, and most of them are doing a great job. But as five o’clock inches closer, you notice that they’re counting down until the workday ends. If more employees were excited to be at work, rather than thinking about quitting time, the company could do a lot better. Raising salaries isn’t an option right now and you feel stuck. What can you do?

Budgets have shrunk and our belts are so tight it’s hard to breathe; traditional motivators like performance bonuses are out of the question. So, what can managers do to improve employee commitment when dollars are in short supply?

The good news – managers can use many tools to improve morale, boost employee motivation and raise the level of engagement, even when there seems to be no room in the budget.

These tools fall into one of four basic categories:

What is said?
What is permitted?
What is encouraged?
What is offered?

Find out how to leverage the tools of engagement in G.Neil’s free white paper, The Tools of Engagement: Boosting Employee Commitment When Money is Tight (.pdf).

In it you’ll find suggestions on improving employee engagement on a budget and examples to help you identify what’s missing in your workplace. No registration required, read the white paper (.pdf) today.

Mastering the tools of engagement

Economy shrinking workers’ paychecks

More than one in three U.S. workers (39%) said that they had not received a raise or that their compensation had decreased as a result of the economic downturn, according to a new survey.

As part of their Tell It Now poll, ComPsych asked workers: “Has the economic downturn impacted your work? If so, in which area have you experienced the greatest impact?”

The highest number of workers (39%) said they haven’t received a raise or their compensation had actually decreased this year as a direct result of the economic downturn.

One in five workers (20%) reported increased conflict and stress among coworkers since the economic recession began.

Another 11% of workers said they’ve had to take on more work due to company layoffs. The added work has about 10% more workers reporting that they’re working more hours and unable to take as much vacation time as they usually do.

Just 20% of respondents said the economic downturn had no impact on their work.


We’d also like to know – Has the recession impacted your work? If so, which area has been impacted the most?

Economy shrinking workers’ paychecks

DHS strengthens employment verification, contractors must use E-Verify

Federal contractors have about six weeks left to start using the government’s E-Verify system to check employee work authorization.

On July 8, Department of Homeland Security (DHS) Secretary Janet Napolitano announced the Administration’s support for a regulation that will award federal contracts only to employers who use E-Verify.

“E-Verify is a smart, simple and effective tool that reflects our continued commitment to working with employers to maintain a legal workforce,” said Secretary Napolitano.

“Requiring those who seek federal contracts to use this system will create a more reliable and legal workforce. The rule complements our department’s continued efforts to strengthen immigration law enforcement and protect critical employment opportunities. As Senator Schumer and others have recognized, we need to continue to work to improve E-Verify, and we will.” (DHS press release)

E-Verify is the free web-based system operated by DHS in partnership with the Social Security Administration (SSA) that compares employee information from the Employment Eligibility Verification Form (Form I-9) against federal databases to verify workers’ employment eligibility.

Starting on September 8, 2009, the federal contractor rule will extend the use of the E-Verify system to all covered federal contractors and subcontractors, including those who receive American Recovery and Reinvestment Act funds.

Read the full DHS press release for more information.

DHS strengthens employment verification, contractors must use E-Verify

Federal agencies improving work/life balance, setting precedent for private sector

A number of federal agencies, including the Office of Personnel Management (OPM), are implementing new programs to improve work/life balance issues for the thousands of workers they employ.

Earlier this month, three federal department and agency heads, including OPM Director John Berry, met to discuss how to improve the work environment within each organization.

Berry, who said that he would give the OPM’s current work/life balance programs a “generous” grade of D+, is working with the Interior Department and the General Services Administration (GSA) to create a set of model programs for the 7,000 employees at the agencies’ neighboring headquarters.

“Establishing work/life programs and creating a better work environment is critical, particularly in the public sector, where managers don’t control pay and benefits, Berry says.” (Workforce)

Berry started by setting up “The Wolf Pack,” a group of 12 employees to give insight into what work/life balance issues the OPM workforce is most concerned with.

Among the list of top priorities is providing day care for employees’ parents and expanding the OPM health clinic. OPM has since devoted $300,000 in upgrades to the clinic. He is also working to expand and broaden the organization’s telework program, of which 34% of OPM employees already participate in.

“Experts believe that if Berry’s programs are successful, not only will other federal agencies adopt them, but private employers will as well, as they realize they need such programs to compete for talent.” (Workforce)

Read more about the OPM’s work/life balance initiatives in their recent press release: Four Federal Agencies Combine Forces To Create a Model Federal Work-Life Campus.

Federal agencies improving work/life balance, setting precedent for private sector

More laid-off workers returning to old employers

More laid-off employees are finding new work in their old jobs, according to the latest labor statistics that show almost a fifth of displaced employees return to the company they were laid off from.

About 18% of laid-off workers who found work were rehired by the same employer that issued their pink slip, up 5% from 2005, according to Right Management’s outplacement services. (CNN Money)

"In some instances, organizations are realizing that they may have cut too deep and are bringing people back in consulting roles or for project work," Melvin Scales, senior vice president for global solutions at Right Management, said in a statement.

"Former employees have the organizational knowledge and skills to jump back into roles quickly to get the job done," Scales said.

Scales recommends that employers consider redeploying workers as an alternative to layoffs. "It's a way of leveraging the skills and talents of existing employees and reassigning them to new roles within the organization. It provides an opportunity to retain valued talent, reduce the cost of turnover and leverage knowledge transfers within the company," he said. (CNN Money)

Over the past two years, the U.S. labor market has experienced widespread job cuts. In the first half of this year nearly 3.4 million jobs have been lost, on top of the 3.1 million lost in 2008.

More laid-off workers returning to old employers

DOL celebrates ADA anniversary with new disability site

Marking the 19th anniversary of the signing of the Americans with Disabilities Act (ADA) the Department of Labor (DOL) yesterday announced the re-name and re-launch of its disability-related informational website, Disability.gov.

The improved site, managed by the DOL, is designed to better inform and serve the more than 50 million Americans with disabilities, along with their families and friends, veterans, employers, educators, caregivers and anyone interested in disability-related information.

"The Department of Labor is pleased to be the managing partner of Disability.gov and to help advance the independence and full participation of people with disabilities in the workforce, the classroom and their communities," said Kathleen Martinez, assistant secretary for the Labor Department's Office of Disability Employment Policy (ODEP).

Disability.gov has pulled together content from 22 federal agencies and utilizes social media tools that enable user interaction. Visitors can sign up for personalized news and updates, participate in online discussions and suggest new resources for the site.

The DOL has also set up a Twitter feed, RSS feeds, a blog, social bookmarking and a user-friendly way to access information on such topics as employment and job accommodation. The Department has plans to add more tools in the coming months.

"Far more than just a directory of federal resources, Disability.gov is a meeting ground for Americans to learn, respond and communicate about a wealth of critically important disability-related topics," said Secretary of Labor Hilda L. Solis. "The new site has been vastly enhanced to provide more information in as efficient and interactive setting as possible."

Read the DOL press release and visit Disability.gov for more information.

DOL celebrates ADA anniversary with new disability site

Employees just say ‘no’ to management

Preparing the next generation of managers has become one of the leading workplace issues since the recession began, but many employees are lacking preparation and/or interest in taking the next step toward management.

In 2009, 52% of employees surveyed for the annual Randstad World of Work survey felt there are not enough qualified managers in their organizations and 45% see a shortage of qualified managers in the future.

The survey also revealed that a majority of employees don’t want to become managers.

“It’s roughly a 50/50 split but it’s still a pretty startling realization. Up until now the assumption has been every employee aspires to become management, to work up the corporate ladder and end up in the corner office with a window. But it seems they don’t. And at this point, the people with the most experience are the least likely to want to become a manager.”

Why not? Increased stress was the number one reason why employees don’t want to enter management. When asked why they don’t want to be managers, employees said:

- Increased level of stress (82%)
- Handling disgruntled employees (74%)
- Increased paperwork (63%)
- Having to terminate or layoff employees (63%)

What can be done to change employees’ perception of management positions? According to the survey results, it may involve a rethinking of management all together.

The desire to become a manager is not driven by money or power, said most survey respondents. Instead, the top two reasons for wanting to become a manager were sharing knowledge with others and having more responsibility for the success of the organization.

“It seems that employees are asking their companies to reconsider and rethink the job of “manager” and how that person relates to the workforce. Just over half of the employees surveyed in 2009 felt the roles of managers need to change. Fifty-two percent saw a difference between the managers of today and the ones of tomorrow. Employees are looking for more than a new generation of managers; they are looking for a new generation of role models.”

Employees just say ‘no’ to management

Small businesses report steady or improved morale, despite recession

A new workplace survey suggests that efforts by small businesses to maintain employee morale throughout the recession are paying off.

More small businesses believe that employees’ work environment has more impact on job satisfaction than financial factors like benefits or compensation, according to the TriNet quarterly HR Trends Survey.

More than 75% of the 250 small businesses surveyed said employee morale has held steady or improved during the second quarter. Another 41% believed that employee morale in their companies has remained unchanged from a year ago. More than one-third (34%) felt that employee morale in their organizations improved during the past year.

Survey respondents cited company culture and reputation as the top contributor (36%) to employee morale, followed by flexibility and work/life balance (23%) and job security (22%). The bottom of the list included advancement opportunities (4%), benefits (5%), or compensation (9%).

Well over half of employees (60%) said their employer successfully built and maintained a positive employment brand through good communication and quality management practices.

“These results prove that employees are happier and more likely to stay with their companies due to the quality of their management,” said Burton M. Goldfield, president and CEO of TriNet. “Companies that develop the skills of their leaders boost employee morale, which then positively contributes to the company’s overall employment brand.”

How do you think the recession has impacted employee morale at your company? Over the past year, has it improved, remained steady or declined? Please leave a comment and let us know how your organization is handling it.

Small businesses report steady or improved morale, despite recession

Social recruiting grows popular among recruiters

We may still be in a recession, but many companies still have open positions to fill and the most preferred method for finding promising candidates is shifting. Instead of spending their time on job boards like Monster and CareerBuilder, many HR pros and recruiters are turning to social networking sites.

Social networking sites like Facebook and Twitter are quickly becoming top sources for recruiters searching for candidates, according to the results of the second annual Jobvite Social Recruitment Survey.

The survey also found that employers are more satisfied with the quality of candidates from employee referrals and social networks than those from job boards. The majority of those surveyed are planning to invest more in social recruiting in the coming years, according to the Jobvite survey of more than 400 human resource and talent management professionals

You have to complete a quick registration from Jobvite to get the full survey results, but here are some of the highlights:

• 68% of companies use social networking or social media to support recruitment efforts


• The most popular social networking sites for recruiting are LinkedIn (95%), Facebook (59%) and Twitter (42%)


• 66% of companies have successfully hired a candidate through an online social network


• Companies are investing more in employee referrals (76%), social networks (72%) and corporate career sites (64%)

The New York Times recently covered how both unemployed workers and employers looking for a low-cost recruitment method have found success using social networking sites. From the article:

Gladys Stone, a corporate recruiter in San Francisco, says it’s smart for employers to tap into employees’ social networks. This accelerates the personal referral process and widens the field, as many social network users have hundreds of friends or contacts in their networks, she said.

And while some may be disconcerted that software from an unknown company is searching their profiles, Ms. Stone says that most know that information on the Web can be used in ways that people don’t expect, and that LinkedIn, in particular, is built to make professional information available.

Does your company use social networking sites to recruit new employees? Have you been successful? What advice would you give others who may be thinking about recruiting using social networks?

Social recruiting grows popular among recruiters

Develop a worksite obesity prevention program with new, free CDC tool

As a follow-up to our Monday post on how a lack of healthy snacks in the office are putting workers’ waistlines to the test, I wanted to share a new resource for businesses wanting to enhance their wellness program this year.

Yesterday, Ann Bares at Compensation Force spotlighted LEAN Works, a new online resource to help employers determine how much obesity costs their business each year.

LEAN Works is a new web-based resource developed by the Centers for Disease Control & Prevention (CDC) full of completely free interactive tools and evidence-based resources to help any organization develop an effective worksite obesity prevention and control program.

The site features an obesity cost calculator to estimate how much obesity is costing your company and how much you could save by using different workplace interventions.

LEAN Works also includes example presentations to help pitch your wellness program within your organization, tools to help collect employees’ baseline health information, workplace health audits and employee interest surveys.

Visit the CDC’s LEAN Works! Leading Employees to Activity and Nutrition.

Develop a worksite obesity prevention program with new, free CDC tool

ICE announces audits, review Form I-9 best practices

Last week U.S. Immigration and Customs Enforcement (ICE) launched a bold audit initiative as a part of the agency’s stepped-up enforcement of employment and immigration laws. ICE issued Notices of Inspection to 652 businesses nationwide to alert employers that ICE will be inspecting their hiring records.

The Department of Homeland Security (DHS) requires employers to verify that all new employees are eligible to work in the U.S. using the employment eligibility verification form (Form I-9). Neglecting to fill out forms or filling out I-9 forms incorrectly can result in fines of up to $1,100 for every incorrect form.

Knowing how to fill out new-hire forms correctly and the rules on how long you must retain those documents will help protect your business in the event of an ICE audit.

Anyone in your organization involved in the hiring process should be trained on the correct way to complete I-9 forms and federal recordkeeping requirements. Training should cover Form I-9 best practices, including, but not limited to:

• How to properly complete an I-9 form at the time you hire a new employee. Employees must present identity and work authorization documents within three days of the date of hire.


• Expired documents as proof of identification or work eligibility are not acceptable. Review the list of documents that fall under List A of the List of Acceptable Documents.


• The importance of keeping I-9 forms separate from employee personnel forms.


• How using a binder system for storing I-9 forms, one for current employees and one for terminated employees, can help your business stay in compliance.


• To periodically review current I-9 forms to identify employees who need to update their work eligibility status.


• Businesses must retain I-9 forms for the duration of a worker’s employment, plus one year, or for a minimum of three years from the date of hire, whichever is longer.

Read more on how to handle I-9 forms and about the most recent changes to the I-9 Form.

ICE announces audits, review Form I-9 best practices

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.

ICE announces I-9 inspections at 652 businesses nationwide

Limited healthy snack options test workers’ waistlines

Our days are busy, breaks are short and fitting a well-balanced meal in at work can be a tough job. For many of us, eating at work is typically done on the go and we’ve memorized our favorite vending machine combination that will curb our hunger or give us a quick, sugary boost.

Snacking at work is almost a fact of life. It’s going to happen, but unfortunately the most popular snacks at work tend to be unhealthy – full of sugar, fat, salt and oil.

Even for those watching their waistlines, unhealthy office snacks can derail even the strictest diet, according to a recent survey on workplace eating habits.

About two out of three employees find it challenging to eat healthy at work, reveals the Peapod Biz Bites Survey sponsored by Peapod Business Delivery. Only 7% of respondents claimed to eat healthier in the office than at home.

"One of the best ways to support healthy lifestyles in the workplace is also one of the easiest," said Cathy Leman, a Chicago-area registered dietitian and certified personal trainer. "When you control the environment that you spend eight-plus hours per day in, you automatically set yourself up for success. That means stocking the break room with healthy, accessible snack foods.” (Press release)

Almost half of employees (47%) surveyed cite having too many tempting unhealthy snack options at work as the top reason they’re not eating healthy at work. Less than one-third (28%) of employees said their workplaces offer enough healthy snack options to keep them satisfied.

What employees want most in the office – fresh produce. However, only 36% of companies provide fresh fruit and vegetables for their employees on a regular basis.

Top nutritionists at WebMD warn against “desktop dining” and unhealthy snacking habits because they hold potentially disastrous health effects. Nutritionists advise putting aside work if possible and take a few minutes to enjoy your food and choose healthy workplace snacks.

“Katherine Tallmadge, a registered dietitian and spokeswoman for the American Dietetic Association, tells her clients to snack up to three times a day but to limit calories to 100-200 calories for each snack.

"I like to recommend snacks that provide a little carbohydrate, protein, and a small amount of fat, if any," she says. (WebMD)

Tallmadge suggests creating a snacking strategy and to have a plan. Keep healthy snack foods at your desk for times when you need a nutritional boost, but may not have the time to eat a full meal.

Keep some of these healthy snack foods handy:

• Trail mix and/or dried fruit and nuts
• Instant oatmeal packets (low sugar)
• Tuna salad kits
• Higher-fiber, lower-fat crackers
• Low-fat yogurt
• Reduced-fat cheese

How do you ensure you’re snacking healthy at work? Does your office provide fresh produce or healthy vending machine snacks? Leave a comment and let us know how well you’re able to snack healthy in your workplace.

Limited healthy snack options test workers’ waistlines