Employment Verification (I-9) & E-Verify

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Presentation transcript:

Employment Verification (I-9) & E-Verify Administrative Assistants Meeting 11/16/2018 Employment Verification (I-9) & E-Verify First step after selecting the right individual for a job. On or before first day of work. 11/16/2018

Employment Verification (I-9) Administrative Assistants Meeting 11/16/2018 Employment Verification (I-9) Not just a fill in the blank form Required by law with civil penalties and fines Time constraints On or before 1st day of work In 1986, Congress reformed US immigration laws. These reforms, the result of a bipartisan effort, preserved the tradition of legal immigration while seeking to close the door to illegal entry. The law has changed several times over the last 3 decades and scrutiny of employment practices have continued to increase. The Employment Eligibility Form (I-9) has three distinct sections. Section 1 is to be completed by the employee, Section 2 is to be completed by trained personnel (Human Resources office or designated individuals) and Section 3 will only be used when an individual is rehired (adjuncts) or name changes or reverification of employment documents. This form is required by law to be completed by the employee on or before the first day of work (no exceptions). Congress has placed civil penalties and fines for each incident identified in error, with fines increasing, if found to have committed national origin or other prohibited discrimination under Title VII or other federal law. Punitive damages may be available also. 11/16/2018

Administrative Assistants Meeting 11/16/2018 E-Verify National database system Documentation Email explanation Attached to I-9 and written in the E-Verify system N. Carolina fast food company found guilty of I-9 violations despite legal workforce E-Verify is a national data base with coordination of the Department of Homeland Security (which will verify nonresident documents) and the Social Security Administration (which will verify SS #s). Within this database system, we are documenting timeframes of when an individual was hired or first day of employment and when the I-9 was completed. If the timeframe is not followed appropriately, HR will ask for documentation from the department regarding why. This documentation will be placed with the I-9 and E-Verify records. In a decision dated December 22, 2010, the US Department of Justice Executive Office for Immigration Review’s Office of the Chief Administrative Hearing Officer found a fast food franchisee in North Carolina, guilty of I-9 violations and fined the company $27,150. Count 1 alleged that the franchisee hired 11 individuals from 2006 through early 2009, yet failed to ensure that they properly completed the I-9 form. We began using E-Verify in 2007 Notice the investigative unit researched three years of I-9s. How long were they camped in their offices? SWOSU hires approximately 300 people per year. We need your help. You are our eyes and ears. Please ensure ALL new hires including students come to HR prior to working. (The department will receive an email from HR stating the new student employee may begin working. Otherwise, the student may not work until email received.) 11/16/2018

Hiring Procedures - Adjuncts Administrative Assistants Meeting 11/16/2018 Hiring Procedures - Adjuncts Send note to Eric 2 weeks – 1 month in advance Complete OTRS Certification of Employment Complete Employment & Pay Action Form – Adjunct, Change in Status, Overload, Extra Pay & Seasonal One way you can assist is to provide Eric Haley a list of ALL adjuncts that will be teaching at least 2 weeks prior to first day and preferably one month before. This will give Eric time to research last I-9 for reverification purposes. Every fiscal year a Certification of Employment for Oklahoma Teachers Retirement System will need to be completed for each Adjunct. This form can be found on the website. Keep in mind that if you have an Adjunct teaching for the first time in a summer session you will need to complete a certification for each fiscal year. The Certification of Employment OTRS can be sent to HR along with the Employment & Pay Action Form. These should be submitted to HR prior to first day of work. Last year there were 130 adjuncts hired. 11/16/2018