Here is the latest issue of “This & That” Tuesday. I hope you find it to be informative and useful.

 

Announcements

You can always check out my website for upcoming speaking engagements that are guaranteed to be of value to business owners or for a list of topics that I can speak on at Chambers, Clubs, Business Associations, etc. More details about the events, topics and Human Resources 4U, in general, can be found on my website.

 

 

Fact Sheet: Immigration Reform and Control Act (IRCA)

Note: you must always use the latest I-9 form available. The current form has the expiration date of 3/31/16.

 

Who’s covered?

All employers and employees

 

What does it prohibit?

• Employment of individuals who are present in the U.S. without authorization to work
• Discrimination on the basis of national origin or citizenship by employers with 4 or more employees
• Selective use of I-9 forms to pre-screen employment applicants

 

Documentation requirements:

• Applicants must provide documentation sufficient to verify identity and eligibility to work drawn from Lists A-C in the Lists of Acceptable Documents on the back of the I-9 form
• Applicants and employers must complete their respective sections of the I-9 form
• Specific employer requirements relating to documentation:
• Complete Sections 2 and 3 of applicants’ I-9 forms
• Examine the qualified documentation provided by a new employee within 3 days of the beginning of employment
• Must review documents provided by applicants to determine authenticity

 

What are an employer’s record-keeping responsibilities?

• Keep I-9 form for 3 years following date of hire or one year following termination
• Keep a physical copy of the I-9 form (not in electronic format)
• Must make form available to INS within 3 days of any request

 

What are the potential penalties?

• Monetary fines
• Back pay
• Attorneys’ fees
• Criminal penalties, including imprisonment

 

Top IRCA tips

• Be vigilant and look for potential document fraud
• Follow all record-keeping requirements
• Do not use I-9 documentation for any purpose other than verification
• Keep any photocopies made of I-9 documentation with the I-9 form itself

 

Seven Common I-9 Related Mistakes

1. First, not filling out Section 1 of the I-9 on the first day of employment, the day the new employee starts earning an income. The employee then has three days to bring in documentary evidence to prove his or her legal right to work in the U.S.
2. Second, the employer insisting upon which documents the new hire has to bring in. The employer must show the employee a list of which documents are acceptable, and in which combination, and then leave the choice up to the new hire. Otherwise, the employer can open itself to charges of discrimination. (An “A” list document is sufficient in and of itself to verify work eligibility, but a “B” list document must be supplemented by a “C” list document.)
3. Third, a lawful legal resident or “alien authorized to work” failing to enter his or her “A” number or USCIS number.
4. Fourth, the employee neglecting to sign or date the document.
5. Fifth, failing to complete Section 2 within three days. The employee has three days after first day or hire to bring in acceptable documents, and the employer must complete the process within the same time span. Section 2 is where the documents are recorded.
6. Sixth, not properly entering the documents’ titles, issuing authority or expiration date.
7. Seventh, employer or employer’s representative neglecting to sign or date the I-9.

 

Emmert International to Pay $180,000 to Settle Race Harassment and Retaliation

Emmert International agreed to settle an employment discrimination lawsuit filed by the EEOC that charged the company harassed and retaliated against employees in violation of federal law. 

 

The EEOC's lawsuit charged Emmert International with harassing Jonathan Redmon and John Brainich during Emmert's work on the Odd Fellows Hall project in Salt Lake City.  The lawsuit alleged that the foreman and other Emmert employees repeatedly harassed Redmon and Brainich. Emmert's foreman and employees regularly used the "n-word," called Redmon "boy," called Brainich a "n—- lover," and made racial jokes and comments.  The EEOC also alleged that Emmert International retaliated against Redmon for complaining about the harassment.

 

The EEOC filed suit after first attempting to reach a pre-litigation settlement through its conciliation process. 

 

The 24- month consent decree settling the suit, entered by Judge Clark Waddoups, requires Emmert International to pay $180,000 to Redmon and Brainich, provide training to its staff on unlawful employment discrimination, and to review and revise its policies on workplace discrimination.  The decree also requires Emmert International to post notices explaining federal laws against workplace discrimination.

 

Employees everywhere should know that they do not have to tolerate racial harassment and that employees cannot be punished for standing up to this kind of unlawful harassment.

 

‘Price Is Right’ Model Wins $8.5 Million Prize in Pregnancy Lawsuit

A former model on the Price is Right won $8.5 million in a discrimination lawsuit that claimed the show refused to take her back after she returned from maternity leave. Along with several other sparkly gown-wearing hostesses, Brandi Cochran, 41, showcased items and presented prizes to contestants on the long-running game show from 2002 to 2009.

 

She claimed that when she told the producers that she was pregnant and expecting twins in December 2008, they began treating her poorly, made disparaging remarks about her eating habits and weight gain, and removed her from the show’s website.

 

One of the twins was stillborn in February 2009; her daughter was born prematurely the following month. Cochran claimed her pregnancy was the reason she was not rehired when she returned to work in early 2010. The producers claimed they were satisfied with the five models working on the show at the time Cochran asked to return.

 

After telling the judge several times they were deadlocked, the jurors in the case found that Cochran,  was entitled to $776,000 in compensatory damages, but rejected her claims of mental hardship. The next day, the jurors came back after the second phase of the trial and awarded Cochran $7.7 million in punitive damages.

 

Factoids

• Only 2% of professionals and managers turn off their mobile devices while on vacation
• According to management, 45% of all meetings accomplish nothing and 68% of all people that worked on a team say it was dysfunctional?

Bad hires

• 40% of employers estimate that a bad hire costs them $25,000, 25%say it’s over $50,000
• Why the bad hire? 43% say it’s the pressure to fill a job quickly, 22% saud they didn’ know enough about the candidate before making the hire, 9% say they didn’t check references.

Business Compliance

• 52% of business owners and execs ranked regulatory burdens as one of their top 5 concerns,
• 1/3 say they have been fined or penalized an average of 6.4 times during the prior 12 months for noncompliance.

 

Quotes

“When we can no longer change a situation, we are challenged to change ourselves.”

Viktor Frankl