Training to help untangle I-9 form

“Do it as if your job depended on it.”

That’s the advice one business law attorney is dispensing to business owners to underscore the importance of complying with the new federal I-9 form, which will go into effect Wednesday.

I-9 compliance, which many small business owners in particular already find difficult, will get harder when the new form goes into effect, said Tommy Eden, an attorney with Constangy, Brooks and Smith, a national law firm representing large and small business employers.

Three organizations — the Alabama Cooperative Extension System, the National Federation of Independent Business in Alabama and the law firm — are partnering to offer free comprehensive online training to help business owners comply with the new requirements.

The training, titled “Untangling the New Form I-9,” is available at aces.edu/events.

For many business owners, especially small business owners, the stakes couldn’t be higher, said Rosemary Elebash, Alabama director for the National Federation of Independent Business.

“It’s absolutely critical that employers and employees alike understand this,” Elebash said. “It’s double the work — two pages instead of one — but it’s the penalty provisions that are most alarming. Business owners who don’t fill out these forms correctly are likely to be penalized pretty substantially.”

I-9 compliance procedures are an outgrowth of the Immigration Control and Reform Act of 1986, which makes it unlawful for employers to knowingly hire or continue to employ individuals who are not legally authorized to work in the United States.

Staff reports 

http://timesdaily.com/detail.html?sub_id=206050

"Untangling the New Form I-9" Webinar Links

Below are the links to the four "Untagnling the New Form I-9" webinars.

April 4, 2013 – Tommy Eden, Will Krasnow and Sul Kim

https://constangyec.webex.com/constangyec/lsr.php?AT=pb&SP=EC&rID=74390967&rKey=56038fc8ed618cac

April 16, 2013 – Tommy Eden and Falon Wrigley

https://constangyec.webex.com/constangyec/lsr.php?AT=pb&SP=EC&rID=74629597&rKey=d3935e9453ee2a79

April 18, 2013 – Tommy Eden and Jonathan Martin

https://constangyec.webex.com/constangyec/lsr.php?AT=pb&SP=EC&rID=74690587&rKey=fd47d88949b61767

April 26, 2013 – Tommy Eden, Nancy Leonard and Jimmy Nolan

https://constangyec.webex.com/constangyec/lsr.php?AT=pb&SP=EC&rID=74874422&rKey=f0be481e8ed526b3 

Business Owners Offered Free Help with New Form I-9 Webinar

Three organizations are offering free help to farmers and other business owners who need help navigating the new federal I-9 form.

The form goes into effect May 8. I-9 procedures are part of federal immigration law that makes it unlawful for employers to knowingly hire or continue to employ individuals who are not legally authorized to work in the United States.

Employers must check and record the eligibility of each employee by completing an I-9 form. The U.S. Immigration and Customs Enforcement, or ICE, has intensified enforcement of I-9 procedure compliance in recent years. 

The Alabama Cooperative Extension System, law firm Constangy, Brooks and Smith and the National Federation of Independent Business are offering the training, "Untangling the New Form I-9," available at www.aces.edu/events.

Penalties for failing to comply with I-9 requirements include civil fines up to $1,100 for each employee whose I-9 form was not completed, retained or presented properly.

Fines can run higher for knowingly hiring or continuing to employ unauthorized wokers. First violation fines can total up to $3,200 for each unauthorized employee, while second violation fines run up to $6,500. Third violation fines can exceed $16,000 for each unauthorized employee.

“It’s absolutely critical that employers and employees alike understand this,” Rosemary Elebash, Alabama director for the National Federation of Independent Business, said in a statement. “It’s double the work — two pages instead of one — but it’s the penalty provisions that are most alarming.”

By Dawn Kent | dkent@al.com al.com

http://www.al.com/business/index.ssf/2013/04/post_8.html

ICE 2012 Audits at all Time High

ICE 2012 Audits at all Time High

By: Tommy Eden, Attorney

Last year was the busiest year on record for the Immigration and Customs Enforcement (ICE) audits of employers' Form I-9s. Investigations, fines and arrests grew dramatically for I-9 violations and the numbers breakdown as follows:

10 Fold Increase in Audits Since 2009: In fiscal year 2007, ICE conducted only 250 audits. In contrast in 2012, ICE I-9 audits rose to more than 3,000.

13 Fold Increase in Fines Since 2009: From 2009 until 2012, fines for I-9 violations grew from $1 million to $13 million. Easy fine money for ICE auditors.

Increased Arrests: The number of company owners, executives and managers arrested during ICE investigations increased to 238.

Industries and Small Businesses Targeted: ICE has made a determined effort to audit companies of all sizes and in all industries ranging from General Electric to a small Subway franchise have been fined for I-9 violations. ICE publicized the conviction of a Dunkin' Donuts manager who knowingly hired unauthorized workers and was sentenced to house arrest. Texas had the highest number of ICE workplace fines in 2011, followed by New Jersey.

ICE Notice of Intent to Fine Process: Employers do have options to defend against an ICE notice of intent to fine (NIF). An employer who receives a NIF may appeal within stated deadlines to the U.S. Department of Justice and request a hearing before the Office of the Chief Administrative Hearing Officer. If ICE pursues the case after a hearing is requested, an Administrative Law Judge will hear the matter. For a company contacted by ICE for an audit having legal representation during the investigation or appeal stage can be beneficial.

Reduction of Fine Procedure: Recent decisions after appeal have led to substantial reductions in the fines that were assessed by ICE. Companies issued NIFs have the option to appeal in an effort to reduce the impact of I-9 violations claimed against them.

Private Audits Advisable Before ICE Knocks: The best advice to employers is to begin 2013 with an internal audit of I-9 records - before the employer receives a notice or subpoena from ICE. An audit of I-9s conducted by a qualified professional is a risk reduction investment in creating a compliance program that can prevent I-9 violations, fines and arrests.

Common Sense Counsel:  Training on how to properly complete the new Form I-9 is easy and will help you avoid fines and penalties after May 7, 2013.  Tommy Eden of the Constangy Firm and Rosemary Elebash, Alabama State Director of the NFIB did a Webinar on Untangling the New Form I-9 Training for the Alabama Cooperative Extension System which link is at www.immigrationalabamalaw.com as are the new Forms and Employer Handbook.

Tommy Eden is an attorney with Constangy, Brooks & Smith, LLP, member of the ABA Section of Labor and Employment Law, East Alabama SHRM Board of Directors and presented throughout the State of Alabama on Immigration Workplace Compliance. Tommy can be contacted at teden@constangy.com  or 334-246-2901.

Link to Constangy, Brooks & Smith, LLP Webinar – Untangling the New Form I-9 with 3 Constangy Attorneys

https://constangyec.webex.com/constangyec/lsr.php?AT=pb&SP=EC&rID=74390967&rKey=56038fc8ed618cac

Link to Alabama Cooperative Extension System Webinar – Untangling the New Form I-9 interview format in 10 segments.
http://www.aces.edu/events/

Untagling the New Form-I9 Webinar

Alabama Coopertive Extension Service

Featuring: Constangy Attorney Tommy Eden & NFIB Alabama Director Rosemary Elebash

Untangling the New Form I-9, I-9 Compliance Training Intro:

http://aces.panopto.auburn.edu/Panopto/Pages/Viewer/Default.aspx?id=148fa9bc-76c3-4b05-a8e3-5f4ddf9d6212

1. Why Is I-9 Training Critical To You And Your Employer

http://aces.panopto.auburn.edu/Panopto/Pages/Viewer/Default.aspx?id=f58178cc-dcbc-4e08-9b36-6371cac5f207

2. If Using E-Verify Why Complete Form I-9? & 3. Completing The New I-9 Form (March 8, 2013)
http://aces.panopto.auburn.edu/Panopto/Pages/Viewer/Default.aspx?id=696d86ea-e86f-441e-89ef-9263ed81ea64

4. What Is The Employee’s Form I-9 Responsibility?
http://aces.panopto.auburn.edu/Panopto/Pages/Viewer/Default.aspx?id=ea2a430b-f259-4e5b-918b-99f0a3f5cd4a

5. What Is The Employer’s Form I-9 Responsibility?
http://aces.panopto.auburn.edu/Panopto/Pages/Viewer/Default.aspx?id=5c7b1a7f-851b-49d9-808f-37c86e9ae4ac

6. What About Minors and Form I-9 Completion?
http://aces.panopto.auburn.edu/Panopto/Pages/Viewer/Default.aspx?id=b8c0d0a1-2c2a-4394-9e5b-4604b3be11ed

7. What About Form I-9 Completion For Employees With Disabilities?

http://aces.panopto.auburn.edu/Panopto/Pages/Viewer/Default.aspx?id=243796f8-d88e-4653-a8cb-fb9a82d741cb

8. Should I Copy The Documents Presented?
http://aces.panopto.auburn.edu/Panopto/Pages/Viewer/Default.aspx?id=df74d7bd-43e1-4c54-8e13-15a3a7abc8ff

9. What About Expiration Dates And Revivification?
http://aces.panopto.auburn.edu/Panopto/Pages/Viewer/Default.aspx?id=d26029fe-8048-46f8-8095-1672ba290b5d

10. What Are The Form I-9 Retention Requirements?
http://aces.panopto.auburn.edu/Panopto/Pages/Viewer/Default.aspx?id=17dbf2c7-39a6-4dd3-97c5-9c7ac585bbf5

Segments 11-14 are all in the final wrap up below

11. Tips To Avoid Penalties

12. What About Previous Form I-9s Not Properly Completed? 
 

13. What Are The Top 10 Signs You Might Need An I-9 Audit?

14. Immigration Compliance – How will your Business Score?

http://aces.panopto.auburn.edu/Panopto/Pages/Viewer/Default.aspx?id=311645fa-b0a5-463d-a8e4-6c641478e488

Links for the following, Click Here:
Handbook for Employer M-274 (May 8, 2013)
Form I-9 (May 8, 2013)
Form I-9 (Spanish Version)

Affordable Care Act: Businesses May Consider Going Small

Affordable Care Act: Businesses May Consider Going Small

By Tommy Eden

Last week the Departments of Health and Human Services, Labor and Treasury issued more proposed guidance on the Affordable Care Act covering prohibition on waiting periods in excess of 90 days. This continues an avalanche of new regulations which may push more businesses to consider going small to avoid compliance.

Waiting Period Defined

For plan years beginning on or after January 1, 2014, employees and dependents who are otherwise eligible for coverage under an employer’s group health plan cannot be required to satisfy a waiting period longer than 90 calendar days. The 90 day clock starts ticking when the employee satisfies the eligibility criteria such as being in a full time job classification. Contrary language in Employee Handbooks and Benefits Plans should be eliminated.

Employer Shared Responsibility Tax

Starting in 2014, employers employing at least 50 full-time employees and full-time equivalents (FTEs) will be subject to the Employer Shared Responsibility provisions under section 4980H of the Internal Revenue Code. Employers not offering affordable health coverage that provides a minimum level of coverage to their full-time employees may be subject to an Employer Shared Responsibility Payment (“Tax”) of $2000 each if at least one of their full-time employees receives a premium tax credit for purchasing individual coverage on one of the new Affordable Insurance Exchanges. As newly defined by the statute, a full-time employee is an individual employed on average at least 30 hours per week.  

Steps Alabama small businesses may consider taking to prepare for and/or avoid the Affordable Care Act requirements

First Consider “Should I Go Small” (under 50 Full Time and FTEs)?

• First Count the Cost – audit your potential liability;
• Make it part of your strategic business plan; 
• Be careful of the IRS rules on the common control of multiple businesses;
• Outsource certain distinct business functions;
• Use Independent Contractors carefully because if not done properly can be classified as your employees for compliance purposes; or
• Use Temporary Service Employers to provide some of your staff.

Employee Handbook Revisions to Consider

• Affordable Health Care Coverage Full Time Employee 30 hours of service a week (130 hours month) reasonably expected at time of hire (for health care coverage eligibility only – can still require 40 hours for other benefits);
• Part Time less than 30 hours reasonably expected at time of hire (no coverage);
• Variable Hour less than 30 hours of service a week reasonably expected and works a variable number of hours each week (no coverage unless becomes full time); and
• Seasonal Employee (agricultural) or holiday if retail (no coverage);

Common Sense Counsel:  Consider going small now because your 2013 employee headcount will determine 2014 coverage. View Webinar at http://www.aces.edu/events/index.php

Tommy Eden is an attorney with Constangy, Brooks & Smith, LLP, member of the ABA Section of Labor and Employment Law, East Alabama SHRM Board of Directors and presented Alabama Cooperative Extension Service Webinar. Tommy can be contacted at teden@constangy.com  or 334-246-2901.

New Form I-9 Mandatory

By: Tommy Eden, Constangy, Brooks & Smith, LLP

The Federal Government released a new Employment Eligibility Verification Form I-9 on March 8, 2013.  It is sure to become the most complex and misunderstood two page form ever issued by the Federal Government. All employers should begin using the new Form I-9 immediately for all new hires.  The revision date is on the lower left of the new form (Rev. 03/08/13)N. Employers may continue to use the previously valid Forms I-9 (Rev. 08/07/09Y and 02/02/09N) until May 7, 2013. After that date only use the new Form I-9. In the cases of reverification or rehires the new version of the Form I-9 must be used. Here are some of the changes:

• Form I-9 is now 2 pages; with page 1 to be completed by the new hire while page 2 is solely the employer’s responsibility
• Expanded instructions to 6 pages
• New fields for e-mail address, phone number and foreign passport in Section 1.
• Updated “Handbook for Employers” M-274 is now 70 pages long.  

Take precautions to avoid mistakes when completing the new form since even simple paperwork fines can range from $110 to $1,100 per violation. The aim of the new I-9 form is to clear up many of the ambiguities that have existed in the past such as how persons with temporary visas should complete Section 1?  What should employers do in Section 2 if they are presented with a receipt instead of a listed document?  The Department of Homeland Security (DHS) plans to use email and phone information to contact an employee whose information on the I-9 does not match DHS or Social Security records. Other significant changes include:

·        Few employers know that new hires need not list their Social Security numbers in Section 1, unless the employer is part of the E-Verify system, then the Social Security number is mandatory

·        Certain foreign nationals who are not lawful permanent residents of the U.S. may be required to list the country of issuance of their passports and their passport numbers on the I-9.  

·        Many of the new fields on the forms are far more complex than they appear: 1) who is a “noncitizen national”? 2) How should the employer properly reverify an expiring employment authorization before it expires? or 3)  How to handle hiring of minors and those with a disability. 

Common Sense Counsel:  Training on how to properly complete the new Form I-9 is not optional if you wish to hire new employees and avoid fines and penalties after May 7, 2013. You may download the new Form I-9 and Handbook for Employers by visiting www.uscis.gov 

Tommy Eden is an attorney with Constangy, Brooks & Smith, LLP, member of the ABA Section of Labor and Employment Law, East Alabama SHRM Board of Directors and presented throughout the State of Alabama on Immigration Workplace Compliance. Tommy can be contacted at teden@constangy.com  or 334-246-2901. Compliance and training resources at www.immigrationalabamalaw.com

Common Sense Counsel:  Training on how to properly complete the new Form I-9 is not optional if you wish to hire new employees and avoid fines and penalties after May 7, 2013. You may download the new Form I-9 and Handbook for Employers by visiting www.uscis.gov  Tommy Eden of the Constangy Firm and Rosemary Elebash, Alabama State Director of the NFIB will be doing Webinar on Untangling the New Form I-9 Training for the Alabama Cooperative Extension System which can be found on the ACES Website at http://www.aces.edu/events/index.php  after April 3, 2013.

Tommy Eden is an attorney with Constangy, Brooks & Smith, LLP, member of the ABA Section of Labor and Employment Law, East Alabama SHRM Board of Directors and presented throughout the State of Alabama on Immigration Workplace Compliance. Tommy can be contacted at teden@constangy.com  or 334-246-2901. Compliance and training resources at www.immigrationalabamalaw.com