EnformHR, LLC

No, it’s not; you may store them electronically, but if you do, you need to consider certain criteria. Do you have a secure document management system in place? Do you regularly back it up? Have you assigned the appropriate security roles to users? If you are collecting the original information in paper form, are you securely scanning, and then shredding, paperwork into the database? And finally, can you easily access the information when needed?

Employers need to retain the form along with copies of supporting documentation, if made, for three years after an employee’s date of hire or for one year after separation, whichever is later.

Both employees and employers complete sections of the form (employees complete Section 1 of the form; employers complete Sections 2 and 3); however, responsibility for completing and retaining the form falls on the employer. Employers can provide the I-9 form to candidates as soon as the job offer has been accepted and must have Section 1 completed on the first day of employment and Section 3 completed no later than 3 business days from the first day of employment.

Penalties for non-compliance can include civil fines, criminal penalties, debarment from government contracts, and back pay to individuals. Fines are the most common, ranging from $110 to $1,100 per violation and up to $16,000 per each undocumented worker.

While voluntary I-9 audits are not required by law, they are highly recommended. This is because there are many opportunities to be out of compliance (signing in the wrong box, completing late, not completing all sections relating to ID, etc.), and the fines from an ICE (U.S. Immigration and Customs Enforcement) audit range from $110 to $1,100 per violation and can result in criminal charges and up to $16,000 in fines per each undocumented worker.

The I-9 Form is a document, issued by U.S. Citizenship and Immigration Services (USCIS), which verifies employees’ identity and authorization to work in the U.S.. Employers must complete the I-9 form for all new hires: section 1 of the form must be completed by employees on their first day; employers must complete their section within three business days of new hires’ start and re-verify certain identification as it expires. Employers need to then retain the form, separate from other personnel documents, for three years after an employee’s date of hire or for one year after separation, whichever is later. The forms must be available for inspection by authorized U.S. Government officials from the Department of Homeland Security, Department of Labor, or Department of Justice.

No, separation agreements, or severance agreements, need to be drafted by an employment attorney (we know plenty we can recommend who do a great job with this). The agreements can vary by state, an employee’s age, and the reason for separation, and if not written correctly, can easily be invalidated by a court of law.

Yes, we will conduct the termination with the employee’s manager or other company representative present. We can also coach your team on how to conduct the termination themselves if you prefer to handle internally.

Yes, it is always safest to have an attorney’s advice. In the real world, many businesses do not contact an attorney every time they terminate someone. It can backfire. In 2016, the Pennsylvania Superior Court sided with an employee who had repeatedly refused to work overtime. She was paid $121,869.93 in damages, and her employer had to reinstate her into her former position. Such scenarios can be avoided if an employer consults a lawyer before proceeding with termination. In our case, when clients ask us if they can terminate an employee, we look at the offer letter, handbook, and performance documentation to help them make the call. We advise that it is always best to run it by an attorney, and if it’s a situation that could be particularly risky (such as issues involving discrimination, social media, etc.), we strongly suggest they obtain guidance and provide a severance agreement to the employee.

Yes, you should have a policy in your handbook stating that you reserve the right to discipline employees at your discretion up to and including termination. Such a policy will go a long way in helping reduce the risk of litigation and can form the core of more elaborate termination procedures governing both voluntary termination and involuntary termination. In case of a voluntary termination, a termination policy can provide the necessary information an employee needs to obtain benefits and tie up any loose ends. Involuntary termination can take either of these two forms: Reduction in Force (RIF) or Disciplinary Termination. Both tend to be associated with negative emotions. A documented termination policy can reduce the probability of conflict.

We provide a poster program that includes unlimited automatic updates, so clients are always in compliance with updated regs.

Posting requirements vary by statute, state and industry, but most companies, at the least, need to post The Fair Labor Standards Act (FLSA), The Occupational Safety and Health (OSHA) Act, Uniformed Services Employment and Reemployment Rights Act (USERRA), and Whistleblower Protections. Additional postings, such as The Equal Employment Opportunity Poster and The Family and Medical Leave Act (FMLA), become required as you grow. Postings can be found on various federal and state agency websites (the Department of Labor provides guidance at https://www.dol.gov/elaws/posters.htm), but it can be challenging to ensure you have everything you need, and downloading, printing and posting each notice individually is a mess, literally. For these reasons, we recommend clients use a poster service and have partnered with Labor Law Compliance Center, who gives our clients preferred pricing on both hard and e-posters.

This depends on your company’s size, states in which you operate, and industry. We will collect this information from you and let you know what regulations, specifically, apply to you.

Labor posters, the employee handbook, and new hire paperwork is the place to start. Ongoing communication in the form of memos, lunch and learns, and trainings, all of which we provide, further explain, clarify misunderstanding, and generate buy-in amongst employees. Performance reviews, compensation, and discipline linked to performance and compliance, including holding your management team accountable, drives home the message.

Yes, and those policies are dependent on a variety of factors, including the states in which you operate and the number of employees you have. Besides required policies, there are many you do not need but may want to have, and we will go over these with you as well and provide recommendations.

We keep a detailed file on each client, which includes an active headcount by state and current polices and initiatives. As laws change, we notify you and amend policies, practices, and initiate communications with employees accordingly.

Yes, we either provide the benefits administration for you or train a member of your team on basic benefits administration.

In the small group market, the rates are the rates, so the key is to focus on comparing overall benefits and capitalizing on discounts offered by carriers for having various lines of coverage (health, dental, etc.) under one roof. In the large group market, companies are “experience” rated, so here we focus on wellness programs to drive down premiums.

Yes. Many of our clients assign us to benefits administrators, so we have full access to their plans and can easily respond to employees’ inquiries regarding coverage and claims.

Yes, we help shop plans and rates, provide recommendations, and coordinate and execute open-enrollment meetings.

Yes, we routinely administer health, dental, vision, FSA, HRA, life, disability, and 401k for clients, partnering with their brokers, TPAs and payroll providers. We notify employees when they are eligible for benefits, provide them with enrollment paperwork, process the paperwork, answer coverage and claims questions, and review and approve invoices from carriers.

Yes, they should sign off on it, so you have proof that they received it. It’s amazing how many times we hear, “No one ever told me I have to get approval for time off!” And we respond, “Ahh, yes, we did, actually, on this date. See here, where you signed off that you received and understood the policies.”

We conduct a roll-out of the handbook to all employees, briefly explain the policies, and answer any questions employees may have. We also have them sign an acknowledgment, stating that they have read and understood the handbook, which we keep in their personnel files.

The best practice is to update your employee handbook annually. However, if you have a lot of changes, have entered into different states, or significantly changed your headcount, you may want to update sooner.

This depends, as different federal and state regulations apply depending on your on your company’s size, location, and industry; however, most companies benefit from the following policies at a minimum. Employment-At-Will statement (applicable if you operate in an employment-at-will state), prominently positioned at the beginning of the handbook. Non-harassment/discrimination policy that includes a complaint procedure and no-retaliation clause. Company Property policy that includes email and internet usage and spells out that employees should have no reasonable expectation of privacy when using company property. Workplace Violence policy defining policy in the workplace (threats, weapon, fighting, etc.) and stipulating the company has zero tolerance. Drug and Alcohol policy that includes a clause about prescription drug misuse and explains consequences for violating policy.

Yes. Although not legally required, they may as well be for a variety of reasons. First, there are policies, which vary based on your company’s size, location, and industry, which you need to communicate to employees. Doing this in one document, such as an employee handbook, is an efficient way to comply. Second, try beating an unemployment claim without a defined policy. We know of one company who lost an unemployment claim for an employee who, with a company car and on company business, got in a high-speed chase with a police officer. Unemployment ruled in the employee’s favor because the employer did not have a policy stating that employees have to comply with laws while using company property. True story. Third, and the list really can go on and on, an employee handbook facilitates compliance because policies are spelled out for everyone, so the propensity for variance and endless clarification are lessened.

The cost of an audit depends on your company’s size but typically ranges from $825-$2400. The benefits are immeasurable. First, if there are issues with I-9s, employment documentation, and the manner in which employees are classified and paid, and these issues are identified and cleaned up as a result of the audit, you could be saving anywhere from hundreds of thousands to millions of dollars in potential fines and back-pay. Second, if you utilize the audit to capitalize on your talent, providing employees with more direction on their job, giving them more complete and constructive feedback, putting them in the right “seats” on the “bus,” you can drive productivity and profitability in ways previously unseen and reduce many of the costs associated with recruiting and hiring, low morale, and turnover.

First, your company probably is out of compliance in some areas. We have yet to do an audit with a client and not find exposure. Employment laws and regulations are incredibly vast and ever-changing; it’s almost impossible for businesses to keep up. Second, this is why you have hired us. We will put a plan in place and execute it to get you in compliance as soon as possible. And if you are ever audited by an external agency (ICE, DOL, etc.), you will be able to show that you made a “good faith” effort to be in compliance, which often mitigates fines.

An HR Audit is typically completed when we first engage with a client, so we can get a full understanding of their needs and design an appropriate fulfillment strategy. Subsequent mini, or follow-up HR Audits, can then be completed every year; however, these are much less extensive and tend to focus on and expand certain functional areas of importance to the client, such as the revamping of performance appraisals.

An HR Audit includes a comprehensive discussion and review of current practices, policies, and procedures, and often includes benchmarking against organizations of similar size and/or industry. Specific areas examined in the audit include: Compliance with applicable federal and state employment laws Record-keeping (personnel files, I-9s, applications, etc.) Compensation/pay equity Employee relations Performance appraisal systems Policies and procedures/employee handbook Terminations Health, safety and security (OSHA compliance, Drug-Free Workplace, Workplace Violence)

An HR Audit is a comprehensive review of policies and HR practices to identify areas of strength and weakness and where improvements may be needed. The information gathered from the audit helps determine whether current HR processes comply with State and Federal regulations and support business goals and can help determine if an organization is properly utilizing their human capitol. The audit includes a summary of findings and recommendation for next steps.