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Hiring New Employees in Compliance with California and Federal Law

27 Sep

The importance of hiring right can be illustrated by your company’s turnover rates. Average corporate turnover is more than 15 percent.

According to a Harvard University study, 80 percent of turnover is due to hiring mistakes. The hiring process can raise a variety of legal issues, often related to equal employment opportunity laws. A number of other laws also apply to the various stages of the hiring process, ranging from the standard job interview to the hiring decision itself, records kept of the hiring process, and records and government notifications and disclosures required relating to a newly hired employee. Continue reading

Correction: New Effective Date for Form I-9

17 Apr

On March 8, 2013, U.S. Citizenship and Immigration Services (USCIS) announced the revised Employment Eligibility Verification, Form I-9, and published a notice in the Federal Register.

In the initial announcement, USCIS described when employers can no longer use prior versions of Form I-9. USCIS incorrectly described the effective date as being after May 7, 2013.

USCIS published a correction notice in the Federal Register. This notice corrects the error and clarifies that beginning May 7, 2013, employers may no longer use prior versions of the Form I-9.
The new form bears a revision date of 03/08/13.
According to USCIS, “although employers should begin using the 03/08/13 dated form right away, older forms dated 02/02/09 and 08/07/09 will be accepted until May 7, 2013. Beginning May 7, 2013, only the 03/08/13 will be accepted. The revision date is on the lower left corner of the form.”

Get Your I-9 Records in Shape -Audits and Enforcement Will Continue As Congress Debates Immigration Reform

9 Feb

If you thought you could relax your effort to maintain complete and accurate I-9 employee records because Congress will possibly pass immigration reform, think again. Are you aware that the U.S. Government spends more money on immigration enforcement than all other law enforcement combined?
A recent nonpartisan report from the Migration Policy Institute notes that the federal government spent $18 billion on immigration-related enforcement programs, an amount far greater than the combined budgets of the FBI, ATF, DEA and Secret Service (in fact, nearly $4 billion more). According to the report, “judging by resource levels, case volumes, and enforcement actions . . . immigration enforcement can thus be seen to rank as the federal government’s highest criminal law enforcement priority.”
In addition, resources spent by other agencies involved in immigration-related enforcement are not included in the $18 billion figure (for example, U.S. Customs & Immigration Service, Dept. of Labor, and Department of Justice Office of Special Counsel, not to mention state resources directed to immigration-related enforcement). There is no question that there has been a significant increase in immigration enforcement in recent years. Between 2005 and 2012, ICE’s funding alone increased from $3 billion to nearly $6 billion. There is also no question that the level of immigration enforcement seen in recent years will only continue. Employers should continue using the Form I-9 currently available on the forms section of http://www.uscis.gov. This form should continue to be used even after the OMB control number expiration date of August 31, 2012 has passed. USCIS will provide updated information about the new version of the Form I-9 as it becomes available.
Employers must complete Form I-9 for all newly-hired employees to verify their identity and authorization to work in the United States.
Civil fines for form I-9 violations can range from $110 to $16,000 per violation, with repeat offenders receiving higher penalties.
You can keep up to date with I-9 requirements at Customs & Immigration Service’s I-9 Central
http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=84c267ee5cb38210VgnVCM100000082ca60aRCRD&vgnextchannel=84c267ee5cb38210VgnVCM100000082ca60aRCRD

Department of Homeland Security and ICE have stated they plan to continue if not increase aggressive enforcement against employers.

Nearly Seven In Ten Businesses Affected By a Bad Hire In 2012

29 Dec

Hiring the right person to fill a position can be a difficult decision to make, and a new CareerBuilder study shows the cost of choosing incorrectly can be high. Sixty-nine percent of employers reported that their companies have been adversely affected by a bad hire this year, with 41 percent of those businesses estimating the cost to be over $25,000.
“Whether it’s a negative attitude, lack of follow through or other concern, the impact of a bad hire is significant,” said Rosemary Haefner, vice president of human resources at CareerBuilder. “Not only can it create productivity and morale issues, it can also affect the bottom line.”
Effects of a Bad Hire
The price of a bad hire adds up in a variety ways. The most common are:
• Less productivity – 39 percent
• Lost time to recruit and train another worker – 39 percent
• Cost to recruit and train another worker – 35 percent
• Employee morale negatively affected – 33 percent
• Negative impact on clients – 19 percent
• Fewer sales – 11 percent
• Legal issues – 9 percent
Why Companies Make Bad Hires
The most common reason associated with a bad hire is rushing the decision process. Two-in-five hiring managers attributed a bad hire to pressure to fill the job opening.
• Needed to fill the job quickly – 43 percent
• Insufficient talent intelligence – 22 percent
• Sourcing techniques need to be adjusted per open position – 13 percent
• Fewer recruiters due to the recession has made it difficult to go through applications – 10 percent
• Didn’t check references – 9 percent
• Lack of strong employment brand – 8 percent
What if you make a New Year’s Resolution for 2013 to take the time to evaluate each new job opening for the skills and personality you need, carefully source and screen applicants, and be much happier with your new employees in the New Year? If you would like help improving your process, contact Don Dressler Consulting by e-mail at DonDressler1@hotmail.com or check our website at: http://www.DonDressler.com