Welcome to HR Presents
February 17, 2016
10:30 am – 11:45 am
Milton Hall | Room 185
WELCOME & INTRODUCTIONS
I9 – VERIFICATION OF
ELIGIBILITY TO WORK IN
THE UNITED STATES
Presented by: Kathy Agnew
Director, Employment & Comp Services
I9 – Verification of Eligibility to Work in
the United States
• I9
– Non-Compliance
– Risk Factors
– How Do We Become Compliant
I9 – Verification of Eligibility to Work in
the United States
I9 – Verification of Eligibility to
Work in the United States
Document Abuse - Document abuse can be broadly categorized into four types of conduct:
1) Improperly requesting that employees produce more documents than are required by Form I-9 to establish the employee’s
identity and employment authorization;
2) Improperly requesting employees present a particular document, such as a “green card,” to establish identity and/or
employment authorization;
3) Improperly rejecting documents that reasonably appear to be genuine and belong to the employee presenting them; and,
4) Improperly treating groups of applicants differently when completing Form I-9, such as requiring certain groups of employees who
look or sound “foreign” to produce particular documents the employer does not require other employees to produce.
Document Fraud - It is unlawful for any person or entity knowingly:
1) To forge, counterfeit, alter, or falsely make any document for the purpose of satisfying a requirement of this chapter or to
obtain a benefit under this chapter,
•
•
I9 – Verification of Eligibility to Work in
the United States
Culture of submitting the hiring action after the start
date. This likely resulted from “lag” payroll, which,
even when action is submitted after the hire date,
allows the employee to be paid “on-time”.
Delays notifications of missing I9s.
2015 Non-Compliant I9 Submissions Based on Hiring Action Timeliness
SUMMARY_ORG_DESC
Agricultural Experiment Station
Agricultural,Consumer & Env Sci Col
ALCC Alamogordo CC
Arts and Sciences College
Athletics
Auxiliary Services
Business College
DACC Dona Ana CC
Education College
Engineering College
Exec Vice President and Provost
Facilities and Services
GRCC Grants CC
Health and Social Services College
Information & Communication Tech
Off Campus College Work Study
Physical Science Laboratory
President Office
Senior VP for Admin and Finance
Student Affairs & Enroll Management
Univ Advancement VP Office
Vice Pres Research
Grand Total
Late Hiring
Action
Timely Hiring
Action
1
9
2
31
1
3
1
22
8
2
1
3
1
2
6
1
32
1
1
128
Grand
Total
1
2
2
13
3
1
1
3
4
6
2
2
1
1
1
7
18
2
2
72
2
11
4
44
1
6
2
1
25
12
8
2
3
4
1
3
1
13
1
50
3
3
200
Primary Temporary Hires 2015
(Primary referrs to the record and excludes secondary or overload jobs - no duplicate Aggie ID)
Note: Data is not limited to original hires in 2015
Post Job Completion
Hiring Action (Job Late Hiring Action - Timely Hiring
Total
started and stopped 3 Days or Greater Action - within Temp/Prim
prior to action being after job start
2 days of start ary Hires
Summary Org
submitted)
date
date
2015
Agricultural Experiment Station
37
79
116
Agricultural,Consumer & Env Sci Col
3
211
159
373
ALCC Alamogordo CC
1
24
42
67
Arts and Sciences College
1
257
320
578
Athletics
44
6
50
Auxiliary Services
202
140
342
Business College
28
86
114
CACC Carlsbad CC
85
42
127
Cooperative Extension Service
1
24
39
64
DACC Dona Ana CC
3
304
356
663
Education College
3
203
101
307
Engineering College
124
105
229
Exec Vice President and Provost
3
83
74
160
Facilities and Services
6
32
38
GRCC Grants CC
76
36
112
Health and Social Services College
1
86
44
131
Information & Communication Tech
11
11
22
Library
6
25
31
New Mexico Dept of Agriculture
2
16
18
Off Campus College Work Study
18
39
57
Physical Science Laboratory
17
14
31
President Office
16
101
117
Senior VP for Admin and Finance
1
23
24
Student Affairs & Enroll Management
165
328
493
Univ Advancement VP Office
9
22
31
Vice Pres Research
16
25
41
Grand Total
16
2,055
2,265
4,336
I9 – Verification of Eligibility to Work in
the United States
•
Audit –
–
NMSU has been cautioned by immigration attorneys that it is not a matter of if we will be audited but
when!
–
–
•
Audit would consist all NMSU employment types, and depending on date of hire, will go back to as far
as 1987!
We have a significantly hire percentage of non-compliant completed I9 forms
Primary Risk Factors –
–
–
Backdating hiring actions – our evaluation indicates that due to the large numbers of hiring actions
submitted after the job start date are resulting in non-compliant I9
Allowing employees to continue to work past the 3 day requirement for verification of eligibility to
work in the United States
I9 – Verification of Eligibility to Work in
the United States
•
How can we become more compliant –
–
–
Change the culture of allowing late hiring actions.
Institute a mandatory Form I9 Training for those individual’s assigned to certify.
• CLPD has implemented an on-line I9 Training course
• USCIS has same/similar training available at https://www.uscis.gov/i-9-central/complete-andcorrect-form-i-9.
• The instructions to properly complete the I9 are included with the form itself.
• Employment and Compensation Services HR Specialist Danielle Cadena can provide you
information and assistance by calling her at (575) 646-8000 or emailing [email protected].
I9 – Verification of Eligibility to Work in
the United States
• What are the most important things to remember about I9 –
–
–
The employee must complete Section 1 of the I9 no later than the start date of employment.
• This date is based on the hiring action you submit and the start date entered into banner and not
the first date that the employee actually works.
• You can ask the employee to complete prior to the start date only if you have made an official
offer of employment and that offer has been accepted.
The employer must complete Section 2 of the I9 no later than 3 business days of the employee’s first
day of employment (start date in banner).
• The individual who verifies the documents, must be the person to complete the certification.
• You must examine the actual documents in person. You cannot certify copies of documents sent
to you.
HEALTHCARE REFORM
UPDATE
Presented by: René Yoder
Director, Benefit Services
Healthcare Reform
• Mandatory reporting – health coverage
– NMSU is required to provide notice (1095-B/1095-C) to individuals
who meet certain criteria to show proof of enrollment on health
coverage or offer of health coverage, depending on circumstances.
– An E-mail was sent to all regular employees on February 12th regarding
this notice.
Healthcare Reform
• Cadillac Tax
– Postponed to 2020 (originally to be implemented in 2018)
• Auto Enrollment
– Postponed until further notice
FMLA TRAINING UPDATE
Presented by: René Yoder
Director, Benefit Services
FMLA Training
• Supervisors
– Existing
• Completed for 2015
• Need to complete refreshers in 2016, 2017 and 2018
– New
• Must be completed within 6 months of job start date
• Need to complete refreshers in 2016, 2017 and 2018
FMLA Training
• Process reminder
– Department
• Send employee name and Aggie ID whenever the supervisor has
knowledge of possible FMLA even
– Must send for every event, no matter how many occur in the year
• Continue to refer employee to HR for assistance, even if leave is
not being requested at the time
• HR will provide information as to what PAFs are needed; however
the supervisor needs to determine when LWOP should begin and
submit appropriate PAF
FMLA Training
• Process reminder (continued)
– 9 month faculty
• Send employee name and Aggie ID whenever the supervisor has
knowledge of possible FMLA even
– Must send for every event, no matter how many occur in the year
• Continue to refer employee to HR for assistance, even if leave is
not being requested at the time
• HR will provide complete all necessary PAFs but must coordinate
dates of leave with supervisor/faculty member to ensure accuracy
– Faculty care leave hours will be used first, then the faculty member will be
placed on leave without pay when necessary
FMLA Information/Contact
http://benefits.nmsu.edu/leave-holidays/fmla/
[email protected]
Toni Lavor 575-646-1546
Jacalyn Epperson 575-646-3637
EMPLOYEE PERFORMANCE
EVALUATIONS
Presented by: Brandon Masters
HR Specialist Inter
CLOSING REMARKS &
ADJOURNMENT