How to Prepare An Employment Verification (and Privacy) Policy. On a Higher Ed Budget

Transcription

1 How to Prepare An Employment Verification (and Privacy) Policy On a Higher Ed Budget

2 Today s Agenda 1. The Law (I-9, E-Verify, Privacy) 2. Why Have an Employment Verification (and Privacy) Policy? 3. What Goes into the Policy? 4. Additional Resources (all free)

3 1. The Law a) Immigration Reform & Control Act of 1986 b) Federal E-Verify Laws c) State E-Verify Laws d) Privacy Laws

4 1a. IRCA 1986 Hiring, Firing and Recruitment of Employees for a Fee Knowingly continuing to employ unauthorized workers Requires employers with 4 or more employees to: Complete a Form I-9 for new employees hired after 11/06/1986 Attest to having examined identity and work authorization documents

5 1a. IRCA 1986 Civil and Criminal Penalties for violation Unfair-Employment Practices Handled by the Office of Special Counsel Discrimination based on employee s national origin or citizenship status Applies to employers with four or more employees

6 1b. Federal E-Verify Laws Federal contractors required to enroll in E-Verify Program Enrollment for newly hired employees assigned to the contract Enrollment of all existing employees assigned to contract Enrollment required by sub-contractors Exceptions

7 1c. State E-Verify Laws

8 1d. State Privacy Laws

9 2. Why Have a Policy? a) Risk Management OSC Civil Penalties, Back Pay, Supervised Training ICE Fines Civil Lawsuits (discrimination, lawsuit) State Violations b) Improved Efficiency c) Balance Resources Better (time, budget, people) Greater Accountability Transparency into a Job Well Done Contingency When You re Not Here

10 3. What Goes Into a Policy? a) Identify Needs b) Prepare Protocol c) Review Protocol d) Train Staff e) Enforcement

11 3a. Identify Needs i. Who Manages Each Stage of Employment? Pre-Employment Jane Smith Screening Interviewing On-Board Docs Completes Form I-9, Section 2 Re-Verifies Form I-9, Section 3 Remote Hire (Section 2) Creates E-Verify Cases Purges Form I-9

12 3b. Prepare Protocol i. Describe the Process at Each Stage of Employment Pre-Employment: Jane Smith obtains info from hiring manager Screening Interviewing On-Board Docs Completes Form I-9, Section 2 Re-Verifies Form I-9, Section 3 Remote Hire (Section 2) Creates E-Verify Cases Purges Form I-9

13 3c. Review Protocol i. Review each Process for Compliance Pre-Employment: Obtain recommendation from employment attorneys on job posting language Screening Interviewing On-Board Docs Completes Form I-9, Section 2 Re-Verifies Form I-9, Section 3 Remote Hire (Section 2) Creates E-Verify Cases Purges Form I-9

14 3d. Train Staff i. How do we get the word out about compliance? Pre-Employment Jane Smith to inform hiring managers and HR personnel on job posting language Screening Interviewing On-Board Docs Completes Form I-9, Section 2 Re-Verifies Form I-9, Section 3 Remote Hire (Section 2) Creates E-Verify Cases Purges Form I-9

15 3e. Enforcement i. Are We Following Protocol? Who Will Enforce Them? Pre-Employment Jane Smith (Jan 15 & Jul 15) Screening Interviewing On-Board Docs Completes Form I-9, Section 2 Re-Verifies Form I-9, Section 3 Remote Hire (Section 2) Creates E-Verify Cases Purges Form I-9

16 4. Additional Resources a) Your Colleagues From other departments From other institutions b) Counsel Employment or Immigration Attorney Office of Special Counsel (800) c) Government M-274 (uscis.gov/files/form/m-274.pdf) I-9 Central (uscis.gov/i-9central) E-Verify (dhs.gov/e-verify) d) Free Online

17 HR I-9 Emergency Guide This form completed by: Date: Title: Name Supervisor: Organization Name: Organization Address (for this location): This work location is classified as: HQ Satellite Other: List all individuals at this location who verify Section 2 of Form I-9: We hire remote employees: Yes No. We use the following method to verify Section 2 of the I-9 Form for remote employees: Immigration Custom Enforcement (ICE) may appear at this office requesting documents. The person(s) to notify ASAP (in this priority are: 1) 2) 3) The contact information for our employment immigration attorneys none. Law Firm: Name of Attorney: Phone: I-9 Forms are completed by: Paper Only Paper & Electronic Electronic Only. The contact info for our electronic I-9 software vendor, in the event of an ICE I-9 Inspection is: Vendor Name: Vendor I-9 Audit Contact: Phone:

18 Questions & Answers

19 Ann Cun Counsel & Principal Editor