With so much paperwork involved in getting a new employee on board, it’s easy to forget a page or two, but doing so could lead to serious legal problems for an employer.
Recently there’s been a dramatic spike in I-9 audits across the country. Form I-9 is used to verify the identity and employment authorization of employees in the US.
Immigration and Customs Enforcement (ICE) seems to be focusing primarily on businesses in “sanctuary” states, counties, and cities, as well as employers that have previously been audited.
Oregon, California and a number of other states are sanctuary states. In Washington, Seattle is a sanctuary city, and there are a number of sanctuary counties in Washington as well.
Given the current prevalence of I-9s audits by ICE, it would be wise for every employer to conduct its own audit of its hiring procedures and past compliance with applicable requirements.
* Check to see if any I-9 forms for current employees are missing. All employees hired after November 6, 1986, must have an I-9 form on file.
* Make sure all managers know how to complete an I-9 and what they should do if they learn that an employee might not be authorized to work in the US.
* Calendar regular internal I-9 audits for the future
While you’re reviewing your employee files, make sure you have properly classified all of your workers as employees or independent contractors, and that overtime is being paid correctly.
Employment related policies, such as those found in your employee handbook, should also be reviewed to check for compliance with any new laws.
In addition, you should verify that all managers and other supervisors have received appropriate training regarding harassment, discrimination and leave laws, as well as appropriate hiring, termination and disciplinary procedures.
It’s also a good idea to regularly review job applications and advertisements for discriminatory language, compliance with “ban the box” laws and the like.
You should ensure that all job descriptions are up-to-date and include all essential job functions. This way, you’ll be prepared if an employee requests reasonable accommodation for a disability.
Also take a few moments to ensure that you have the most recent required legal postings. If you’re in Oregon, see BOLI’s website for a list of requirements. If you’re in Washington, visit the Department of Labor & Industries website.
For other states, you can try an Internet search for your state’s department of labor. Find the government website – many private companies sell posters that are available for free from the state and federal governments. . You should, therefore, first try to obtain those posters for free before you spend money to purchase one.
Businesses should conduct general compliance audits on a regular basis, as well. A compliance audit is essentially a review of a business’s documents, practices and procedures in order to confirm that the business complies with all relevant local, state and federal laws.
In addition, you should conduct regular intellectual property (IP) audits. These involve systematically reviewing all IP you own, control or use, including your IP assets, IP-related contracts (including employment, consulting and license agreements), IP-related policies, IP registrations, compliance procedures and other intangibles.
Please feel free to contact us if you have any questions about or need assistance with compliance audits or with protecting your intellectual property.
