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.

Upcoming Talks

May 29, Irwindale "The Impact of the New Minimum Wage on All Employers" Click here for more information.

 

July 9, City of Industry “HR4U 101 Full-day Workshop" Click here for more information.

 

July 17, West Covina "Critical Human Resources Issues for Business Owners" Click here for more information.

 

I-9 Common Mistakes and Penalties

• The employer is not using the latest version of the I-9 form
• The employee fails to sign and date the attestation.
• The employer fails to have the employee complete Section 1 by the first day of employment (that is, the first day for pay).
• The employee doesn’t check the box indicating status (e.g., U.S citizen, lawful permanent resident), or the employee checks multiple boxes.
• If one is used, the translator or preparer doesn’t complete the preparer box.
• The employer fails to enter acceptable documents on the form, including the document number and title, issuing agency, and expiration date.
• The employer demands only certain documents (e.g., social security card) be provided
• The employer does not complete Section 2 by the third day of employment.
• The employer fails to enter the date of hire (this date should match the date on payroll records)
• The employer representative does not sign, date, and print his or her name on the certification.

 

What if the Employee’s Documentation Doesn’t Look Right? The standard is reasonableness, that is, does the document reasonably appear to be genuine and relate to the employee? You are not expected to be a document expert. If the document does not appear to be genuine, reject the document and ask for another document on the list.

 

What if the documents presented do not match what the employee writes on the Form I-9 (for example, the name is misspelled.)? Ask the employee about the discrepancy. If the document appears genuine, ask the employee to correct the Form I-9 and initial the change or provide a corrected document.  

 

What could happen if you make mistakes?

IT services giant Infosys Limited was fined $34 million for violations of the I-9 employment eligibility verification process, making it the largest immigration-related fine ever issued.

 

The Department of Justice (DOJ) said that “Infosys failed to maintain I-9 records for many of its foreign nationals in the United Sates in 2010 and 2011 as required by law, including widespread failure to update and verify the employment authorization status of a large percentage of its foreign national employees.” An audit revealed that “more than 80 percent of Infosys’ I-9 forms for 2010 and 2011 contained substantive violations.” Each error is subject to a fine of at least $935. In addition to the $34 million fine, Infosys is required to undergo additional third-party I-9 auditing for two years.

 

Immigration and Customs Enforcement (ICE) officials have systematically expanded its I-9 audit target base. I-9 audits have risen from a mere 3 in 2004 to 500 to 2008 and to 3,004 in 2012. ICE has also issued a warning that the number of audits will increase and reach employers of all sizes and in all states. No one industry is being targeted, nor is any one industry immune from scrutiny.

 

It's Just Lunch to Pay $900,000 to Settle Lawsuit for Sex Discrimination Against Men

It's Just Lunch USA, LLC, a Hallandale Beach, FL-based company that provides matchmaking services nationwide, has agreed to settle a sex discrimination lawsuit filed by the EEOC. 

 

The EEOC charged in its suit that It's Just Lunch (IJL) refused to hire men as dating directors and inside sales representatives.  The EEOC also alleged that IJL fired Lynda Twist, its human resources director, in retaliation for her opposition to IJL's sex-based hiring practices. 

 

The EEOC filed suit after first investigating the case, and then attempting to reach a pre-litigation settlement through its conciliation process. 

 

According to the terms of the consent decree settling the suit, IJL will pay approximately $900,000 to settle the lawsuit, including a payment to Twist of $130,369.  The remaining settlement funds will be paid into an account that will be distributed to a class of qualified male job applicants who applied for dating director and inside sales representative jobs with IJL from 2007 to the present, but whom IJL did not consider for hire.  The agreement also requires IJL to implement a detailed applicant tracking system, provide training to managers, human resources personnel and employees, and provide quarterly hiring reports to EEOC for three years.

 

The EEOC stated, "Employers cannot refuse to hire applicants based on unfounded sex stereotypes.  Moreover, employees who raise legitimate concerns about their employer's employment practices must be able to raise those concerns without fear of unlawful retaliation."

 

Factoids

• In a 2013 survey of workers over age 50, 26% do not expect to ever retire, up from 22% in 2012
• A jury awarded the plaintiff $27,280 in a case against UPS, plus $700,000 in “reasonable” attorney’s fees!

 

Whistle Blowers

• 1 in 3 employees have observed major ethical infractions at work
• 1 in 4 of these employees don’t do anything because of fear of retaliation
• 1 in 4 employees witnessed a major infraction within the past 30 days
• 1 in 4 employees have been asked to participate in a major ethical infraction
• Half of employees who “blow the whistle” say it didn’t solve the problem

 

Quotes

“Doubt is the origin of wisdom”

~Rene Descartes~