September 21, 2017 | Sabrina Clay, CCWP
 
We all have enough to do in our day, and some days maybe more than we would like. So, the thought of adding to that already-full plate seems inconceivable. Yet I am asking you to take a quick step back.  Picture your home and the care and feeding that goes into its maintenance. Dusting, vacuuming, windows, mowing grass…..you get the picture. Now think about just doing any or all of those tasks just one time.  Your house becomes disheveled, your yard an overgrown mess. This is similar to what you are doing with your human resources practices if you don’t keep your “house” in order.
 
The human resources “house” is a critical component to the strategic operation of a business.   But how do your human resources practices and processes measure up to regulations from the Department of Labor (DOL), Department of Justice (DOJ), Equal Employment Opportunity Commission (EEOC) and the National Labor Relations Board (NLRB)? Quite a daunting list!
 
An HR assessment, also referred to as an audit, is a truly objective look at your company's HR policies, practices, procedures, and strategies.  The purpose is to protect your company, establish best practices and identify opportunities for improvement.  But there never seems to be an ideal time. So take a tip from your own playbook….planning.  A terrific way to ensure a regular review is to build it into your process.  To ease the burden, you can break your audit into segments:

• Compliance: Centers on your company's compliance with current federal, state and local laws and regulations.
• Strategy: Concentrates on the strengths and weaknesses of processes and systems to determine how and if they align with the company’s strategic plan.
• Best Practices: Helps the organization maintain or improve a competitive advantage by comparing its practices with those of companies identified as having exceptional HR practices.
• Function-Specific: Focuses on a specific area in the HR function (e.g., payroll, performance management, records retention, etc.).

 
As you are going through your audit, try to stay focused on the task.  It’s so easy to get caught in the moment, trying to “fix” things as they are uncovered.  A more practical method is to complete discovery, document your findings, then devise a plan to address areas needing improvement.  This is also a great time to uncover what is working (aka Best Practice) and not working. Once this is complete, then you can execute on your plan. 
 
By documenting your audit, you have a comprehensive record of what was completed in prior years for look-back purposes, and to see how far you have come!  Are you making the same mistakes year over year?  Are there one or two areas where you seem to struggle with consistently?  This “record” can serve you well.
 
Laws change, company visions can morph, and so should your practices. An audit will provide the checks and balances to keep your company squeaky clean.  If available time is an issue, there are firms such as H2R-Solutions that can help keep your HR “house” in premium working order.

September 6, 2017 | Sabrina Clay, CCWP
 
What is DACA?  Also known as Deferred Action for Childhood Arrivals, DACA was enacted in 2012 and is a deportation relief program focused on protecting immigrant youth who came to the United States when they were children. For those that applied, this program also provides work permits, enabling them to support themselves while they await legalization and is renewable in two-year increments.
 
Among the questions as to what will happen to the nearly 800,000 people affected (if DACA is phased out) is the fate of those work permits.  According to a recent Center for American Progress study in August, a reported 91 percent of respondents are currently employed with 5 percent having opened their own business.  The study also revealed an average of 30,000 people will be out of work each month if DACA is repealed.
 
Many companies may be unaware they employ DACA recipients because the paperwork looks very similar to what is issued for many other visa categories. Understandably, employers are concerned about workforce impact and determining how to react.  Rather than taking action that is leading toward identification of those who may be DACA recipients, multiple legal pundits suggest making sure your “house” is in order to mitigate risk.  Here are some do’s and don’ts to help:

1. I-9’s – Instead of reviewing I-9 records to see which employees are DACA beneficiaries, check to make sure your I-9 records are up to date and you are re-verifying any time-limited work authorization expirations in Section 3. By the way, this should be considered a moving-forward best practice.
2. Don’t jump the gun.  Asking employees to self-identify as DACA workers or hosting meetings/webinars to counsel beneficiaries at this time could lead to constructive knowledge that may backfire should the administration take the expected action.
3. Refrain from adverse employment actions against an employee prior to seeking legal advice from an immigration attorney.

 
Again, we do not know if work authorizations will be immediately terminated or if they will be phased out. What we do know is I-9 practices should be tightened to ensure that they are stored properly and kept up to date according to US Citizenship and Immigration Services (USCIS) guidelines.
 
As a friendly reminder, there is a new I-9 form in town, released on July 17th.  While you may continue using form I-9 with a revision date of 11/14/16 through September 17th, on September 18th,  employers must use the revised form. The new form will be available from the USCIS website at https://www.uscis.gov/i-9-central/whats-new. The changes are relatively minor, including additions to the list of acceptable documents and amendment to the Office of Special Counsel for Immigration-Related Unfair Employment Practices newer name “Immigrant and Employee Rights Section.”  Employers will continue utilizing existing storage and retention guidelines for previously completed I-9’s.