Tim's Talking About I-9 forms, Facebook and the NLRB and a the latest temp staffing numbers

I-9'S AND COMPLIANCE....TIME TO TAKE A LOOK? 

According to Immigration and Customs Enforcement (ICE) Assistant Secretary John Morton, "We are increasing criminal and civil enforcement....and imposing smart, tough employer sanctions". 

A record number of administrative audits (the tool of choice) were performed in 2011..a 375% increase from 2008. Fines for substantive violations can be as much as $16,000 per violation. Even HR professionals have been arrested! 

So, it could be a good time to review your policies and procedures to make sure they are up to speed before learning the hard way. 

WHILE WE'RE ON THE SUBJECT OF COMPLIANCE... 

It would also seem that the EEOC folks were busy in 2011 setting a new record by receiving 99,947 charges of employment discrimination. The agency $455.6 in payments for workers through administrative and court actions which was also a record. 

Charges of retaliation were the most common making up 37.4% of all charges followed by race discrimination (35.4%) and sex discrimination (28.5%). ADA relief was also at record levels taking in $103.4 up 35.9% from 2010. 

FACEBOOK, THE NLRB AND PROTECTED ACTIVITY 

You may have heard that Facebook and the other "social media" crowd have created an entire new concern for employers and that involves the rights of employees to converse about their terms and conditions of employment via the internet. 

While the gripes of an individual have been found not to be protected a Facebook conversation amongst a group of employees over a transfer issue was protected speech. 

While employers can develop policies and rules concerning this subject, the NLRB has come on and warned that "employer policies should not be so sweeping that they prohibit the kinds of activity protected by federal labor law, such as the discussion of wages or working conditions among employees". 

So, before you go and fire somebody for complaining to a co-worker about their rate of pay via the internet you may want to seek counsel. You can also visit the link to the NLRB Report On Social Media for more useful information (www.nlrb.gov). 

TEMPS MAY BE MORE A PART OF THE WORKFORCE THAN EVER 

Traditional theory has always held that temps are in high demand as the economy comes out of a recession only to drop off as the economy picks up steam. Not so perhaps this time. 

Temp jobs have been 15% of the total number of jobs created during the first 21 months of this latest recovery. This is by far the highest percentage experienced in the past six post recession periods according to BMO Capital Markets. One general consensus coming from all the pundits is that 8% unemployment is here to stay for quite some time. 

THINK ABOUT THIS BACKGROUND CHECK SCENARIO 

An individual in his early 20's is convicted of involuntary manslaughter, shooting a man to death 30 years ago who had threatened harm to him and his family. Should you deny him a warehouse position that he is otherwise qualified to perform because of his conviction? 

I think everyone's sense of fairness would say no, yet this situation actually recently took place involving a Pennsylvania staffing company. 

It serves as another gentle reminder that arrest and conviction records being used in the hiring process have come under growing scrutiny of the folks at EEOC. The caution here is against the use of blanket policies that tend to discriminate against certain employee classes.