On July 1, 2009, U.S. Immigration and Customs Enforcement (ICE) announced that the agency had issued 652 Notices of Inspection (NOIs) to look into suspected negligent hiring.
The new audit initiative illustrates the agency’s stepped-up focus on holding employers directly accountable for their hiring practices and their duty to ensure a legal and documented workforce.
The NOIs serve as an alert to businesses that ICE will conduct investigations to determine whether their hiring records, including employment eligibility forms (Form I-9), are in compliance with federal law.
For the countless number of businesses who weren’t served with NOIs, the announcement from ICE may be a jarring wake-up call to ensure that they’re in full compliance with the employment eligibility verification process.
Businesses should make certain that all employees involved in the hiring process are fully trained on the work eligibility process and Form I-9 best practices.
Employers are legally required to fill out a Form I-9 to verify the work eligibility of new employees and re-verify the eligibility of existing employees. Employers who fail to fill out I-9 forms for every employee may be subject to violation fines.
Learn more about Form I-9 documentation and recordkeeping compliance:
ICE announces audits, review Form I-9 best practices
Form I-9 expiration date extended past 6/30/09
Are your employees trained on the new Form I-9?
Illegal immigration enforcement shifts toward employers
Showing posts with label compliance training. Show all posts
Showing posts with label compliance training. Show all posts
Wednesday, July 15, 2009
Monday, June 15, 2009
Unpaid training time puts employer in trouble
The U.S. Department of Labor (DOL) recovered $117,023 from America’s Car Mart in overtime back wages for 103 current and former management trainees, following an investigation that found the company violated the Fair Labor Standards Act (FLSA).
The DOL found that America’s Car Mart failed to pay its employees overtime compensation they were legally entitled to receive for the time they spent in training.
The company cooperated with the DOL investigation and agreed to future FLSA compliance.
Remember:
To determine whether an employee is exempt or nonexempt, they must meet certain job responsibility and salary tests. Current information on FLSA exemptions can be found on the DOL’s site at www.dol.gov/fairpay.
Because FLSA violation lawsuits can critically damage your business, it’s important to understand all of the federal the state labor laws on employee time and pay requirements. Know how to navigate the confusing FLSA compliance waters now, and eliminate the risk of fines and penalties later.
The DOL found that America’s Car Mart failed to pay its employees overtime compensation they were legally entitled to receive for the time they spent in training.
“This company failed to follow federal wage and hour regulations,” said Cynthia Watson, regional administrator for the Wage and Hour Division in the Southwest. “In this case, non-exempt trainees were not compensated at time and one-half their regular rate of pay for overtime hours while in training.” (DOL press release)
The company cooperated with the DOL investigation and agreed to future FLSA compliance.
Remember:
The FLSA requires that covered employees be paid at least the federal minimum wage of $6.55 for all hours worked, plus time and one-half their regular rates of pay for hours worked more than 40 per week, unless otherwise exempt. Employers must also maintain accurate time and payroll records. Effective July 24, 2009, the minimum wage will increase to $7.25 per hour.
To determine whether an employee is exempt or nonexempt, they must meet certain job responsibility and salary tests. Current information on FLSA exemptions can be found on the DOL’s site at www.dol.gov/fairpay.
Because FLSA violation lawsuits can critically damage your business, it’s important to understand all of the federal the state labor laws on employee time and pay requirements. Know how to navigate the confusing FLSA compliance waters now, and eliminate the risk of fines and penalties later.
Thursday, May 7, 2009
A “super-sized” lesson in diversity training
McDonald’s settled a gay discrimination case yesterday and agreed to require diversity training for managers at 30 Louisville restaurants. McDonald’s must also pay $2,000 each to two men who said a restaurant employee directed anti-gay slurs at them.
The American Civil Liberties Union of Kentucky filed a complaint with the Louisville Human Relations Commission on behalf of the two men last year. According to the Courrier-Journal, the two men alleged that after ordering food, a female employee directed several anti-gay slurs toward them and used other derogatory language. They complained to a manager, who said she didn’t see the matter as a “big deal.”
McDonald’s said in a company statement that the matter has been resolved and that the company has strict policies against any discrimination in its restaurants.
The case serves as a “super-sized” lesson that when you have your attorney draft an anti-discrimination policy ensure it states that your company is committed to creating equal opportunity for all employees and customers. State that your company will not tolerate any form of discrimination including age, race, color, religion, sex, national origin, disability and sexual orientation.
Your anti-discrimination policy should also include an outlined procedure for making, investigating and resolving complaints. Train managers to follow the policy, know how to identify discrimination and how to respond to a compliant against one of their employees.
Ongoing training on diversity in the workplace and setting clear anti-discrimination policies can be your best way to avoid problems.
What else can employers do to avoid discrimination? What has worked or hasn’t worked in your company?
Leave a comment and share your advice.
The American Civil Liberties Union of Kentucky filed a complaint with the Louisville Human Relations Commission on behalf of the two men last year. According to the Courrier-Journal, the two men alleged that after ordering food, a female employee directed several anti-gay slurs toward them and used other derogatory language. They complained to a manager, who said she didn’t see the matter as a “big deal.”
McDonald’s said in a company statement that the matter has been resolved and that the company has strict policies against any discrimination in its restaurants.
"We work with our restaurant managers and crew to ensure our policies are followed and that we provide a respectful environment for all our employees and customers," the statement said.
The case serves as a “super-sized” lesson that when you have your attorney draft an anti-discrimination policy ensure it states that your company is committed to creating equal opportunity for all employees and customers. State that your company will not tolerate any form of discrimination including age, race, color, religion, sex, national origin, disability and sexual orientation.
Your anti-discrimination policy should also include an outlined procedure for making, investigating and resolving complaints. Train managers to follow the policy, know how to identify discrimination and how to respond to a compliant against one of their employees.
Ongoing training on diversity in the workplace and setting clear anti-discrimination policies can be your best way to avoid problems.
What else can employers do to avoid discrimination? What has worked or hasn’t worked in your company?
Leave a comment and share your advice.
Thursday, April 16, 2009
Domino’s employee video goes viral, is poor training to blame?
When you order a pizza you generally trust that none of the toppings have landed in someone’s nose before they made it on your pizza. Right?
Sadly, there’s a new viral video sweeping the Internet that has seriously damaged customers’ trust in one of the country’s most popular pizza chains and two employees are to blame.
A couple of Domino’s employees are now unemployed and facing felony charges after posting videos of themselves defacing food while preparing it for delivery. The videos show an employee breaking various health-code standards including sticking cheese up his nose, putting nasal mucus on sandwiches and passing gas on salami before it made it onto a sandwich.
Company President Patrick Doyle has posted a YouTube video of his own apologizing for the unacceptable behavior of these two infamous employees and asks that customers continue their support, despite the embarrassment it has brought to the company.
You hope that most employees would have enough common sense to refrain from illegal activity at work, let alone film it and post it on YouTube, but some may need a reminder from time to time.
A great way to remind employees how to act online when representing the company is through regular training. After you’ve developed a sound social media policy (read our guidelines for social media use), it’s time to explain the policy and consequences for not following that policy to employees.
How formal or informal your employee social media use training will vary depending on the nature of your business, but should give employees a clear understanding of what is considered acceptable online behavior when representing the company.
There’s no doubt that your policies and social media guidelines will change as new technologies and social networking tools emerge, so it’s best to provide training on an on-going basis.
The best way to defend your company against an unfortunate situation like what Domino’s is going through right now is through preparation. It’s impossible to control what employees will say about you online, but with clear policies, employee training and the proper planning, you’ll be in a much better place to handle any issue.
Do you think poor training could have played a role in Domino’s current dilemma? Does your organization train employees on how to represent the company online?
Sadly, there’s a new viral video sweeping the Internet that has seriously damaged customers’ trust in one of the country’s most popular pizza chains and two employees are to blame.
A couple of Domino’s employees are now unemployed and facing felony charges after posting videos of themselves defacing food while preparing it for delivery. The videos show an employee breaking various health-code standards including sticking cheese up his nose, putting nasal mucus on sandwiches and passing gas on salami before it made it onto a sandwich.
“We got blindsided by two idiots with a video camera and an awful idea,” said a Domino’s spokesman, Tim McIntyre, who added that the company was preparing a civil lawsuit. “Even people who’ve been with us as loyal customers for 10, 15, 20 years, people are second-guessing their relationship with Domino’s, and that’s not fair.” (New York Times)
Company President Patrick Doyle has posted a YouTube video of his own apologizing for the unacceptable behavior of these two infamous employees and asks that customers continue their support, despite the embarrassment it has brought to the company.
"You can be the safest driver, you know," McIntyre said. "But there's going to be that Friday night someone's drunk and comes from out of nowhere. You can do the best you can, but there's going to be the equivalent of that drunk driver that hits the innocent victim." (Advertising Age)
You hope that most employees would have enough common sense to refrain from illegal activity at work, let alone film it and post it on YouTube, but some may need a reminder from time to time.
A great way to remind employees how to act online when representing the company is through regular training. After you’ve developed a sound social media policy (read our guidelines for social media use), it’s time to explain the policy and consequences for not following that policy to employees.
How formal or informal your employee social media use training will vary depending on the nature of your business, but should give employees a clear understanding of what is considered acceptable online behavior when representing the company.
There’s no doubt that your policies and social media guidelines will change as new technologies and social networking tools emerge, so it’s best to provide training on an on-going basis.
The best way to defend your company against an unfortunate situation like what Domino’s is going through right now is through preparation. It’s impossible to control what employees will say about you online, but with clear policies, employee training and the proper planning, you’ll be in a much better place to handle any issue.
Do you think poor training could have played a role in Domino’s current dilemma? Does your organization train employees on how to represent the company online?
Tuesday, February 10, 2009
Spice up compliance training with poetry
When you think of compliance training, it’s pretty rare that words like “entertaining” and “fun” would come to mind.
Even though it may still be one of the “least glamorous” topics in corporate training, someone has found a poetic way to make it a little more interesting.
Yehuda Berlinger, an internet professional and game designer from Israel, has rewritten US and Canadian copyright laws as poetry. By putting them in verse form, Yehuda has made intellectual laws memorable and fun to learn.
From Multimedia Learning:
Yehuda has rewritten US Copyright Law, US Patent Code, US Trademark Code, Canadian Copyright Code and UK Copyright Law. All of it is posted on his blog.
Whether you’re looking for a new employee learning activity or wanting to improve training retention, try mixing a little rhyme or two into your lesson.
As the instructor, you could turn an otherwise dry piece of information into a memorable moment by rewriting it in verse form. Or, turn the poetry into an activity where trainees take the information they learn and write a poem to summarize the main ideas.
What do you think? Have you ever used poetry or rhyme to make a learning activity more enjoyable? Could you think of any other ways poetry could be used in the learning process?
Even though it may still be one of the “least glamorous” topics in corporate training, someone has found a poetic way to make it a little more interesting.
Yehuda Berlinger, an internet professional and game designer from Israel, has rewritten US and Canadian copyright laws as poetry. By putting them in verse form, Yehuda has made intellectual laws memorable and fun to learn.
From Multimedia Learning:
Yehuda links each verse to the actual copyright law. It’s a brilliant exercise in creative summation and would make great learning activities.
For example, here’s a line from US law § 114. Scope of exclusive rights in sound recordings:
(a) The exclusive rights of the owner of copyright in a sound recording are limited to the rights specified by clauses (1), (2), (3) and (6) of section 106, and do not include any right of performance under section 106(4).
And Yehuda’s verse:
Sound recordings, but not music
Can be re-performed
As long as it’s attributed
And not grossly malformed
Yehuda has rewritten US Copyright Law, US Patent Code, US Trademark Code, Canadian Copyright Code and UK Copyright Law. All of it is posted on his blog.
Whether you’re looking for a new employee learning activity or wanting to improve training retention, try mixing a little rhyme or two into your lesson.
As the instructor, you could turn an otherwise dry piece of information into a memorable moment by rewriting it in verse form. Or, turn the poetry into an activity where trainees take the information they learn and write a poem to summarize the main ideas.
What do you think? Have you ever used poetry or rhyme to make a learning activity more enjoyable? Could you think of any other ways poetry could be used in the learning process?
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