All posts tagged HR elements

Question: Are we required to allow employees (either exempt or nonexempt) to work from home if we must close the office due to bad weather?

Answer: No, employers are not required to allow employees to telework (work from home or another location; virtual work) under any specific weather conditions regardless of Fair Labor Standards Act (FLSA) exemption status. However, employers may allow employees to telework. Company policy should delineate procedures for both teleworking and notice requirements when inclement weather affects the workplace; for instance, notice from the employer that the workplace is closed and notice from the employee that they cannot travel to the workplace due to weather-related or other emergency conditions. These policies should be in the employee handbook, and should also detail whether the employer will allow nonexempt employees to make up missed time.

Note that if the employer closes the workplace for weather-related reasons, nonexempt employees are not entitled to pay because such employees are only entitled to compensation for hours actually worked. However, an employer may allow nonexempt employees to use accrued paid time off so as to receive compensation during such an absence. If paid time off is not available, then the time off remains unpaid.

Alternatively, exempt employees who are able and available to work but do not work because the employer closed the workplace due to inclement weather are still entitled to their full week of pay. This is because the exempt employee is available to work but rather the employer made the work unavailable. As a general rule, if an exempt employee performs any work during the workweek, they must be paid their full salary amount. An employer may not make deductions from an exempt employee’s pay for absences caused by the employer or by the operating requirements of the business. If the exempt employee is ready, willing and able to work, an employer cannot make deductions from the exempt employee’s pay when no work is available. Additionally, the U.S. Department of Labor specifically states that an example of an improper deduction from an exempt employee’s pay includes deduction of a days’ pay because the employer was closed due to inclement weather.

Originally published by www.thinkhr.com

Recently, the Department of the Treasury, Department of Labor (DOL), and Department of Health and Human Services (HHS) (collectively, the Departments) issued FAQs About Affordable Care Act Implementation Part 34 and Mental Health and Substance Use Disorder Parity Implementation.

The Departments’ FAQs cover two primary topics: tobacco cessation coverage and mental health / substance use disorder parity.

Tobacco Cessation Coverage

The Departments seek public comment by January 3, 2017, on tobacco cessation coverage. The Departments intend to clarify the items and services that must be provided without cost sharing to comply with the United States Preventive Services Task Force’s updated tobacco cessation interventions recommendation applicable to plan years or policy years beginning on or after September 22, 2016.

Mental Health / Substance Use Disorder Parity

Generally, the Mental Health Parity and Addiction Equity Act of 2008 (MHPAEA) requires that the financial requirements and treatment limitations imposed on mental health and substance use disorder (MH/SUD) benefits cannot be more restrictive than the predominant financial requirements and treatment limitations that apply to substantially all medical and surgical benefits.

A financial requirement (such as a copayment or coinsurance) or quantitative treatment limitation (such as a day or visit limit) is considered to apply to substantially all medical/surgical benefits in a classification if it applies to at least two-thirds of all medical/surgical benefits in the classification.

If it does not apply to at least two-thirds of medical/surgical benefits, it cannot be applied to MH/SUD benefits in that classification.

If it does apply to at least two-thirds of medical/surgical benefits, the level (such as 80 percent or 70 percent coinsurance) of the quantitative limit that may be applied to MH/SUD benefits in a classification may not be more restrictive than the predominant level that applies to medical/surgical benefits (defined as the level that applies to more than one-half of medical/surgical benefits subject to the limitation in the classification).

In performing these calculations, the determination of the portion of medical/surgical benefits subject to the quantitative limit is based on the dollar amount of all plan payments for medical/surgical benefits in the classification expected to be paid under the plan for the plan year. The MHPAEA regulations provide that “any reasonable method” may be used to determine the dollar amount of all plan payments for the substantially all and predominant analyses.

MHPAEA’s provisions and its regulations expressly provide that a plan or issuer must disclose the criteria for medical necessity determinations with respect to MH/SUD benefits to any current or potential participant, beneficiary, or contracting provider upon request and the reason for any denial of reimbursement or payment for services with respect to MH/SUD benefits to the participant or beneficiary.

However, the Departments recognize that additional information regarding medical/surgical benefits is necessary to perform the required MHPAEA analyses. According to the FAQs, the Department have continued to receive questions regarding disclosures related to the processes, strategies, evidentiary standards, and other factors used to apply a nonquantitative treatment limitation (NQTL) with respect to medical/surgical benefits and MH/SUD benefits under a plan. Also, the Departments have received requests to explore ways to encourage uniformity among state reviews of issuers’ compliance with the NQTL standards, including the use of model forms to report NQTL information.

To address these issues, the Departments seek public comment by January 3, 2017, on potential model forms that could be used by participants and their representatives to request information on various NQTLs. The Departments also seek public comment on the disclosure process for MH/SUD benefits and on steps that could improve state market conduct examinations or federal oversight of compliance by plans and issuers, or both.

 

By Danielle Capilla, Originally published by United Benefit Advisors – Read More

Tis the season for company holiday parties. The time of year when employees gather to mix and mingle with co-workers outside of the normal work setting. It sounds like a merry ol’ time to most, but holiday parties can be a headache for HR leaders. While it’s a great opportunity to thank employees for all their hard work and let loose, it’s important to ensure it happens responsibly. Every year, ThinkHR publishes tips for making events safer to decrease potential hidden costs involved in employer-sponsored events (see Workday Holiday Parties–A Great Way to End the Year!)  This year we’ve broken it down into simple dos and don’ts to provide a high-level guide for executing this year’s festivities.

DO

Follow your stated employee policies. Keep in mind that holiday parties are employer-sponsored, so the company may be responsible for whatever happens at the party and sometimes for events that occur after the party. Be sure to emphasize that all guidelines will apply to the party even if it is off-site or after work hours.

Consider taking steps to limit alcohol consumption. If you decide that alcohol will be served and the party is off-site and after hours, provide plenty of food rich in carbs and protein to slow the absorption of alcohol into the bloodstream. You can also have a cash bar, limit the number of drink tickets or close the bar early to deter over-consumption.

Make sure your employees get home safely. Offer incentives to employees who volunteer to be designated drivers or arrange transportation and accommodations. Thinking ahead about transportation demonstrates responsibility on the employer’s part, as well as potentially minimizing the company’s liability if an employee causes an accident while driving under the influence.

Determine how to handle pay issues in advance of the party. It’s not required to pay employees that voluntarily attend a party after hours. However, nonexempt employees need to be compensated if they are working the party or if attendance is mandatory. If the party is held during regular work hours, then all employees would be paid for attending the party.

Make it a family affair. Experts suggest that employee behavior actually improves at company events when spouses or partners and children are present. If your budget allows, it can be a giant gesture to include the entire family in the celebration and one that many employees appreciate. Be sure to review your liability coverage with your broker first.

DON’T

Do not allow employees to get away with any bad behavior. Follow up on any complaints associated with the holiday party and conduct a thorough investigation. Racial or sexual jokes, gossiping about office relationships, and unwelcome touching should not be permitted during the holiday party just as they are not allowed in the office.

Do not make your party work related to avoid liability for any injuries. Typically, workers’ compensation does not apply if the injury is “incurred in the pursuit of an activity, the major purpose of which is social or recreational.” If the carrier determines that the company party was truly voluntary and not related to work, then the carrier would most likely deny the claim.

Do not penalize employees who choose not to attend. The message may be misinterpreted and could create employee relations concerns for those who may have other religious beliefs or are simply uncomfortable attending the event. Avoid religious symbols or themes as they could offend individuals of different faiths.

Do not serve alcohol if your policies do not permit drinking either on your company’s premises or during work hours and you plan to have the party at the office as a part of the workday. Remind your supervisors to set a good example, keep an eye out for employee behavior that needs managing, and to deter employees from any informal gathering after the party that gets the alcohol flowing.

Do not forget to reach out to your broker if you have any questions or concerns. The holidays are a great time to spread cheer, and holiday parties help sustain a positive work culture, but it’s important to be aware of potential issues that could arise and to plan accordingly. We’re here to help you along the way, as are your brokers, so be sure to leverage all of your resources.

Have more questions related to your company’s holiday party? Check out this Q&A from a recent ThinkHR webinar.

Originally published by www.thinkhr.com

As an increasing number of Baby Boomers retire and leave the workforce, millennials are positioned to take on more leadership roles in the business world. Millennials bring with them a unique and evolving knowledge of technology and innovative HR practices that differ greatly from their Baby Boomer predecessors. As managerial roles are transferred from the Baby Boomer generation to millennials, forward-thinking businesses will create plans that adapt to the innovative processes and practices millennials bring to the table. Worthwhile risks and changes must be made to ensure companies keep up with their rapidly evolving competitors. To successfully transition millennials into top management positions, here are a few factors companies should keep in mind.

Millennials are technology-driven.

75% of millennials believe that technology helps them operate more efficiently in the workplace. Millennials are the first generation to truly incorporate technology as an imperative tool for maximum efficiency. Millennials look for efficiency, digital communication, and mobility founded in technology in the workplace, and use of technology helps facilitate innovation, engagement and clarity.  Baby Boomers in management who are getting ready to hand over the reins to their younger counterparts can facilitate a smooth operational transition by embracing new systems and processes led by technology.

Efficiency is key.

Millennials have grown up in a fast-paced culture where new technologies are constantly being developed, and because of this they find it natural to lean on technology to efficiently tackle daily work tasks. As opposed to previous generations, millennials are used to instant gratification and desire work to be completed in the most practical and timely manner. One example of state-of-the-art technology is automated task management systems which allow you to complete work ahead of time. For example, social media scheduling platforms like Hootsuite allow you to schedule posts ahead of time and select when you want them to post automatically. The automation process creates a more efficient way to complete time-consuming, yet simple tasks.  Another task management tool is Asana. Asana provides a single outlet for companies to manage projects, assign tasks and track progress, all through one system. Asana ensures a safe and organized portal for your company to complete tasks in the most practical manner.  Invest time in researching technological tools your millennial employees find helpful in their day-to-day work, and start implementing them now.

Digital communication is here to stay. 

Communication is vital to facilitating an engaged company culture. Being able to communicate well with not only clients, but with employees, is crucial. Millennials have grown up utilizing technology as a main form of communication, and they have mastered the art of making it work for them in the office as well. The mass amount of information that must be learned when implementing a new technology company-wide can be overwhelming, and keeping track of relevant news within your company can be difficult. To create an organized and effective internal communication strategy many companies are turning to social intranet software. This type of software creates a portal that keeps all of the company’s internal information in one place making mass communications easier to streamline. Digital communication fosters more efficient and timely transfer of information and problem solving. The impact of incorporating digital technology reaches beyond the office and can even help you prepare your employees to be social media advocates for your brand in their off time.

Mobility is the new norm. 

One of the most attractive assets of technology is mobility. Technology has completely disrupted the workplace by allowing employees to work anywhere at any time. Employees no longer have to complete their typical workday in the office. Working from home or remote locations provides room for great work/life balance and creative inspiration. A prime example of an effective technology when it comes to remote work and flexible hours is video conferencing through apps like Skype or FaceTime. By incorporating video conferencing, companies can easily expand their client base country wide and even internationally, at a much more cost effective price.

As millennials continue to take over the workforce and we see more innovations and improvements made to current technology, be sure your company stays up to date on the latest trends. Ensuring your employees are engaged with and fluent in technologies that are being globally implemented is vital to your company’s success in this digital age.

Millennials are currently the largest generation in the workforce, and statistics show they’re not going anywhere anytime soon. By 2020, millennials are projected to make up 50% of the workforce. As millennials continue to rise in numbers, companies are finding it harder to retain them in their current roles. A study conducted by Deloitte conveyed that 44% of millennials can see themselves switching jobs within two years of employment. Along with this, Gallup found that the millennial turnover rate costs the economy $30.5 billion every year.   These statistics clearly demonstrate that millennials’ expectations are not being met by current employers, so we’ve come up with a list of tips to help you design the perfect benefit plans and employee engagement strategies to attract top young talent.

More Benefit Choices

Contrary to traditional benefit plans where employers offer pre-crafted options, millennials want more say in what benefits they are offered. More choices including flexible work hours, work from home days and paid parental leave offer millennials the opportunity to achieve their ideal work-life balance which keeps them happy to work for your company long-term. Look at your benefit options as a company and assess how you can give your employees more freedom in their benefit choices.

Advancements

By nature, every employee wants to advance in their career. More specifically, millennials are extremely driven and tend to take jobs where they see an opportunity to be promoted quickly. Tower Watson conducted a study which found 41% of employees said they would leave their job if it meant they could advance their career. (http://blog.accessperks.com/employee-engagement-loyalty-statistics-the-ultimate-collection) Clearly, continuously promoting all of your employees is impractical. However, there are other ways to give your employees more power and opportunity to advance without promotions.

Many companies find success in giving millennials more responsibility and the opportunity to prove themselves in the workplace via co-managing projects with older, more experienced employees or trusting them more management oriented tasks. At the end of the day, millennials desire to have a substantial impact in their companies rather than just subscribing to the clock-in, clock-out mentality, and allowing them to have more responsibility furthers a sense of purpose in their work.

Positive Impact

Millennials are known for being a philanthropic generation, and they don’t want this mindset to change once they step into the office. Millennials are success-driven, but also desire to leave a positive impact on the world. Many companies participate in community outreach, so make that clear to both current and prospective employees. If you don’t currently sponsor community events or encourage your team to volunteer together, consider creating a simple initiative that allows your staff to give back and ask a millennial employee to spearhead it! Engage people through the spirit of service, and help the millennial generation see how they will impact society by joining your workforce.

The studies we’ve examined reveal that millennials have a like-minded outlook on what they value at work. They want more choices and flexible work options, opportunity for advancement, unique responsibility and to have a positive influence on not only their company, but on society as a whole. As more Baby Boomers retire and the workplace is faced with an influx of millennial workers, keep these perks in mind as you form your benefit plans and company culture!

timayerThis month we’re highlighting our Employee Benefits Advisor and Investment Advisor Representative, Tim Ayer! We’ve asked him a few fun questions to get to know him a little bit better!

What is your favorite aspect of your job?  The satisfaction created by helping people understand and navigate very complicated insurance and financial issues.

Do you have a favorite sports team?  Yes, I am a 40 year die-hard Cincinnati Bengals fan.  I guess that makes me somewhat of a glutton for punishment.

Do you have any collections or hobbies?  I love to fish and hunt when I get the chance.

Before working at Kaminsky & Associates what was the most unusual or interesting job you’ve ever had?  I worked as the VP General Manager of a concrete garden art company, which gave me the opportunity to travel to many parts of the United States that I otherwise wouldn’t have experienced.

What is an ability you wish you had?  Playing guitar.  I messed around with it for about a year but gave it up.

Did you know studies convey that 20% of the population, or 1 in every 5 adults suffer from some sort of mental health condition? Mental health has become a substantially concerning issue in America’s workplace, and therefore a top priority in employee wellness. Mental health conditions such as depression, anxiety, and bipolar disorder cause workers to perform less efficiently on a daily basis, which in turn creates negative effects on both the employees and employers.

Unaddressed mental health problems can leave employees unhappy and less efficient at work, as well as having financial consequences for employers. Studies conducted show that mental health conditions left without treatment cost employers nationwide a total of $80- $100 billion per year. In addition, employers have a duty to ensure physical and mental safety for their workers. In the past, companies have typically encouraged employees to see therapists and potentially receive medication. These treatments can be very effective. According to a recent study by the Partnership for Workplace Mental Health, 86% of those employees that were treated saw improvements in their daily work.

However, these therapy and medication can also be very time consuming and costly. In order to achieve a more efficient and cost effective solution, companies have found creative outlets to provide daily treatment. Enter the mental health app. Human Resources in general is becoming a more app-friendly department. The IAB-commissioned Harris Poll shows mobile phone users spend 88% of their time in applications and appreciate having apps that streamline services on their phones. There are countless apps for companies to choose from, but Mobylize and MoodNotes are two of the most innovative options.

Mobylize

Mobilyze is an employee-focused mobile application that tracks location, movement, sleeping patterns, and phone calls. It then compiles the data to analyze the user’s different moods and sends them messages as well as giving feedback on their responses to try and improve their symptoms. The app is user-specific which helps generate results faster and more accurately, and offers a more convenient and cost-effective option for companies trying to improve their employees’ well-being.

MoodNotes

Other apps, like MoodNotes, provide a more interactive user experience. Like Mobilyze, the app tracks different patterns that may be associated with mental health problems, but also focuses on creating a personal relationship with the user. MoodNotes encourages the user to answer more challenging questions about how they feel and why they may be feeling that way. As a result, the user is forced to think about possible suppressed problems and the reasons behind them. The app’s goal is to act like a mental health coach or friend, and strives to get users back to their healthy, happy selves.

These are only two examples of popular mental health apps that companies are starting to use. The companies that choose to implement these types of apps are continuing to see positive results. The market for mental health apps is growing, providing employees with many options to address specific issues and allowing room to find the best fit. As businesses focus on more ways to implement technology, mobile apps may be a solution to lowering the costs of mental health care, as well as looking out for the well-being of employees and fostering a well-functioning, healthy business environment.

 

By Nicole Federico

The U.S. Department of Health and Human Services’ (HHS) Office for Civil Rights (OCR) began a pilot program in 2012 to assess the procedures implemented by covered entities to ensure compliance with the Health Insurance Portability and Accountability Act (HIPAA). OCR evaluated the effectiveness of the pilot program and then announced Phase 2 of the program on March 21, 2016. Phase 2 Audits focus on the policies and procedures adopted by both covered entities and business associates to ensure they meet selected standards and implementation specifications of the Privacy, Security, and Breach Notification Rules. Covered entities include health plans, health care clearinghouses, and health care providers; whereas, business associates include anyone handling health information on behalf of a covered entity.

Phase 2 Audits of business associates focus on risk analysis, risk management, and reporting of HIPAA breaches to covered entities. OCR emphasizes the importance of audits as a compliance improvement activity in order to identify best practices and proactively uncover and address risks and vulnerabilities to protect health information (PHI).

OCR chose entities to audit through random sampling of the audit pool. Communications from OCR were sent via email, so it is important to check spam filters and junk emails for communications from OSOCRAudit@hhs.gov. OCR emailed a notice to verify contact information. Once the contact information was verified, OCR emailed a pre-audit questionnaire to gather data about size, type, and operations of the entity. This data was used with other information to develop pools of potential covered entities for making audit selections.

Phase 2 Audits consist of three sets of audits. The first set of audits will be desk audits of covered entities and the second set of audits will be desk audits of business associates. These audits will examine compliance with specific requirements of the Privacy, Security, or Breach Notification Rules and covered entities will be notified of their audit in a document request letter. All desk audits in this phase will be completed by the end of December 2016. OCR will select entities and request they electronically submit documentation within 10 days. The third set of audits will be onsite and examine a broader scope of requirements from HIPAA Rules.

On July 11, 2016, 167 covered entities were notified that they were selected for a desk audit. Desk audits of business associates will begin this fall. Download the complete Compliance Advisor, “HIPPA Phase 2 Audits” for best practices for covered entities facing desk or field audits.

Originally published by www.ubabenefits.com

Employee Wellness Programs are a key factor in employee engagement and overall company success in today’s business world. Wellness programs are consistently evolving and changing as employee demands shift. Companies are constantly looking for new ways to engage and encourage their employees, preferably at a lower cost. Below are some effective and cost-efficient ways to enhance your employee wellness programs, leaving your employees happier and more excited about work!

  1. Walk and Talk Meetings

Walk and Talk meetings are becoming a popular new way that companies can encourage employee fitness in the workplace. The average American employee spends the vast majority of the day sitting at the desk, and studies show that 86% of them hate it. The walk and talk meetings provide a way to get up and move around, while still being productive with the work that needs to be accomplished. In addition, walking boosts creativity and new environments produce fresh ideas. A Stanford study recently found that, “walking has a very specific benefit – the improvement of creativity.” So, next time you’re looking for a boost of creativity and activity in your schedule, consider taking your meeting for a walk.

  1. Fit Bit Challenges

Fit Bits are one of the most popular fitness trackers on the market. Several employees already have personal Fit Bits so bringing them into the workplace is an easy transition. For those that do not, many companies are buying them in large bundles for resale at discounted rates to their employees. Companies are finding innovative ways to incorporate Fit Bits into their wellness programs to keep employees active while also fostering teamwork. According to Fit Bit, by holding challenges and competitions using the Fit Bit, companies create group health that is easily trackable. More specifically, “Fit Bit users with one or more friends are 27% more active.” The concept of using the Fit Bit with other employees builds better relationships as well as holds them accountable for being active.

The challenges are a simple and cost efficient way to improve overall health and many companies have had great success through using the Fit Bit. For example, The Cleveland Cavaliers’ employees did a Fit Bit walking challenge in which they logged their daily activities and food. In order to entice workers to take part, they held competitions with prizes that spiked employee participation and overall health and happiness. The result of the challenge- “employees reached their personal fitness and weight loss goals, conference room meetings became walking meetings, and elevator trips were nixed in favor of the stairs. By the time their challenge came to a close, participants had recorded a cumulative 76.6 million steps—more than 38,000 miles—and created new healthy habits to take into the future.” Your company could be the next to see amazing FitBit challenge results!

  1. Healthy Vending Machines

In order to achieve a healthy lifestyle, the combination of exercise and healthy eating is essential. For busy employees, grabbing a quick snack is a typical daily routine, however these quick grabs are often unhealthy. Keeping healthy vending machines, or stocking the fridge with fruits and vegetables allows workers to snag a healthy snack that will aid overall health and also satisfy mid-day hunger cravings. In addition, eating healthy has many cognitive benefits that can transfer into employees’ work. For example, typical benefits that arise from healthy eating are an increase in concentration and alertness, generating better work from each of your employees.

  1. Competitions

Competitions can easily be tailored to fit your company’s culture! One of the most popular workplace competitions is the Biggest Loser challenge. In this type of challenge, the employee or team of employees sets a weight loss goal. The group that loses the most weight by the end of the allotted competition time wins! Another popular challenge is signing up for local 5Ks or half marathons and running the race with your co-workers. You can encourage employees to partake in fitness challenges by having prizes or monetary rewards. Aside from the obvious health results, challenges like these encourage teamwork and healthy competition inside the workplace. Above all else, it’s important to get creative with whichever competition you choose!

The key to a successful wellness program is to make it personal to what your employees enjoy and will want to participate in. These are just a few ways that you can find success in employee wellness throughout your company. So, boost your overall employee morale and efficiency by implementing these simple yet cost efficient wellness ideas in your daily routines!

 

Contributed by Nicole Federico

Since the current version of the Form I-9, Employment Eligibility Verification, expired on March 31, 2016, employers have been awaiting a new, updated form. On August 25, 2016, the federal Office of Management and Budget (OMB) approved a revised Form I-9. Consequently, the U.S. Citizenship and Immigration Services (USCIS) has 90 days to update the form and must publish a revised form by November 22, 2016. According to the OMB Notice of Action, this new Form I-9 will expire on August 31, 2019 — a three-year validation period similar to previous validation periods. In the meantime, employers may continue using the current version of Form I-9 (with a revision date of 03/08/2013 N) until January 21, 2017. After January 21, 2017, all previous versions of Form I-9 will be invalid.

Changes to the Form

Many of the Form I-9 changes were designed to help with completing the form and assist in reducing technical errors. For instance, new smart error-checking features have been added when the form is completed using an Adobe PDF viewer or application. Some other new features include:

  • Addition of a supplement where more than one preparer or translator is used to complete Section 1 (translator certification where an employee must check that he or she did or did not use a preparer or translator in completing the form).
  • Controls within the form for users to electronically access the instructions, print the form, and clear the form.
  • Drop-down calendars and lists.
  • Embedded instructions for completing each field.
  • Provision of additional spaces to enter multiple preparers and translators.
  • Quick-response matrix barcode (QR code) that generates once the form is printed and may be used to streamline audit processes.
  • Rather than all other names used, only requiring employees to provide other last names used in Section 1.
  • Removing the requirement that aliens authorized to work provide both foreign passport information and Form I-94 in Section 1 after attestation of such status.
  • Separating instructions from the form.
  • Specific area to enter additional information that employers are currently required to notate in the form’s margins.
  • Validations on certain fields to ensure information is entered correctly.

The new Form I-9 instructions also provide revised abbreviations for use on the form. Employers should use these abbreviations although longer, commonly used abbreviations may still be acceptable. For example, “Permanent Resident Card” is now “Perm. Resident Card (Form I-551).”

Related Rulemaking

Also important, the federal Office of Special Counsel (OSC) has proposed to revise regulations implementing a section of the Immigration and Nationality Act concerning unfair immigration-related employment practices. In these revised regulations, the OSC proposes a new definition of discrimination along with a revision to the language related to unfair documentary practices. The proposed definition clarifies that discrimination is the act of intentionally treating an individual differently, regardless of the explanation for the discrimination, and regardless of whether it is because of animus or hostility, to include the process related to completing the Form I-9.

There is also a proposed unfair documentary practices portion to prohibit unfair immigration-related employment practices. It would replace the current document abuse provision, which prohibits requiring more or different documents than presented if the employee presented documents from the list of acceptable documents. This also goes to an employer’s rejection of employee-completed Section 1 — which may be considered a discriminatory employment practice.

Currently, the USCIS provides this guidance in the prevention of discrimination in the Form I-9 process.

What to Do

As a response to the many pending changes to the Form I-9 and related laws, the next step for employers is to review current policies and procedures. For instance, employers will still be permitted to print and complete the new Form I-9 by hand, but that may not be a permanent option. In fact, employers and employees may elect to fill out any or all sections of the form by computer, by hand (printed), or a combination of both.

ThinkHR will keep you informed as more information is released. The USCIS suggests that employers visit I-9 Central and subscribe to GovDelivery to ensure receipt of the latest news on the revised Form I-9.

Originally published by www.thinkhr.com