HR Hot Topics Alert!

Immigration compliance is HUGE!

What you, the employer and HR professional, should be aware of:

I9 audits are still increasing which means its not a matter of IF but WHEN. These audits don’t require a disgruntled eployee to file a claim, these are random and/or requested audits. No one is immune.

In 2010 there wre 2,200 audits but since the heat has been turned up for 2011, there has already been 1,000 audits in February alone!

There have been 180 grand jury and criminal indictments and $50MM in civil fines due to non-compliance.

Example of 2011 Audit – Teen retailer Abercrombie & Fitch fined $1MM fine due to electronic system failure!

HR personnel must be aware that they are now being held personally liable / responsible for paperwork compliance. So if you are the one signing off on the forms and the forms were completed incorrectly…. you may be held liable for paper and hiring violations.

• Paper violations – $110-1100/violation (missing, incomplete, inaccurate)
• Hiring violations – $375-3200/EE
• No match SSN letter – not required to retain

Healthcare:

Nothing much has changed here and very little new information has been given to the public. There is still some uncertainty with all the provisions and there’s expectations leaning toward 2012 elections repealing or significantly limiting the actions as part of the legislation.

Whistleblower, investigation and retaliation issues:

Employers must not retaliate against any employee who may be a “whistleblower” by alerting state and/or government entities about employer practices. Understnad that “retaliation” leads all EEOC charges with 36.3%! Treat your staff consistently, fair and never retaliate against them as it will only lead to trouble.

The Department of Labor had a $10B increase in their budget which primarily will be spent to help claim filing easier and processing quicker.

Understand that you, the employer and HR professional, have the burden of proving that claims are not true and that your practices are compliant, fair and consistent.

Contact TrendHR today if you need help understanding how to be compliant! You can reach our friendly staff at 866-582-1578.