Learn How 1 Document Can Save You Thousands in Fines!

Lisa Kennis-Miller is the Founder and President of HR Rescue Resources, LLC, a human resources consulting firm for small to medium sized companies. Follow her on Facebook.  For $50 OFF a 1 hour consultation or to join our mailing list, please visit www.HRRescueResources.com

                                                                                                            

  Shockingly, many small business owners dive right into their everyday duties without doing their homework on what is required in the back office. 

  What I mean is, most entrepreneurs don't know (and some don't care) that, there are employment laws that come with having employees (no matter how few). 

  Consider this your warning!  You never know who will show up on your doorstep wanting to audit your files and slap you with hellacious fines.  Small business owners are often the targets of surprise audits; and it is no wonder! 

  Many employers do not know what an I-9 Form is; let alone, that one is required by law for each employee hired since 1986.

I speak to business owners on a regular basis and only about 10% of them are knowledgeable about Form I-9 and less than 1% know about E-Verify (the electronic version of I-9).  So, allow me to give you a quick and thorough education - and save you THOUSAND$$ in potential fines for violations in the process...

   The Immigration Reform and Control Act (IRCA) of 1986 requires all employers to verify newly hired employees are eligible to work in the United States.  The employee must present documents verifying identity and employment authorization to the employer at the time of hire, in accordance with the List of Acceptable Documents on the last page of Form I-9. 

    The information has to be documented on the government provided, I-9 Form or in the E-Verify system.   The entire form has to be completed on the first day worked, but no later than the third day worked.  

   There are also record-retention requirements.  The I-9 has to be kept in a separate file (from the personnel file) and be retained after the employee leaves - for three years after the hire date or one year after the termination date; whichever is later.

Participation in E-Verify is voluntary for most businesses, but some companies are required by state law or federal regulation to use it.  

Failure to comply with provisions of Form I-9 can have severe financial, legal, and PR risks.  Most employers are not aware they have a problem until a government agency shows up for an audit.  Non-compliance, whether intentional or inadvertent, has severe consequences inflicted by the Department of Homeland Security (DHS).

Some Fines You Could Face:

• Failure to properly complete, retain, or make I-9 Forms available for inspection = $100 to $1100 per form
• Knowingly hiring or continuing to employ unauthorized workers = $250 to $11,000 per employee
• Employers engaging in a pattern or practice of unauthorized behavior = $3000 per employee and/or 6 months of imprisonment

Full instructions are included with the form in the link below. 

A newly revised form I-9 was rolled out on March 8, 2013. This new version is easier to read and supposedly more user friendly.  It is also 9 pages, whereas the older form was 3 pages.  The older version of the form is only valid until May 7, 2013.

Remember, a few minutes to comply with regulations can save your company unwarranted fines, legal fees, and unwanted press if you get the knock at your door. 

Lisa Kennis-Miller is the Founder and President of HR Rescue Resources, LLC, a human resources consulting firm for small to medium sized companies. Follow her on Facebook.  For $50 OFF a 1 hour consultation or to join our mailing list, please visit www.HRRescueResources.com

Are You the Reason Your Employees Are Failing to Perform?

Lisa Kennis-Miller is the Founder and President of HR Rescue Resources, LLC, a human resources consulting firm for small to medium sized companies. Follow her on Facebook.  For $50 OFF a 1 hour consultation or to join our mailing list, please visit www.HRRescueResources.com


Whether you are a three person show or a multi-location organization, properly written & executed job descriptions will prove their worth time and again.

You are the owner of a start-up and have 'had it up to here' with Joey because he just isn't doing the job the way you want him to do it; OR Susie isn't demonstrating all of the characteristics that you think a supervisor should have - - and today is the day you are letting her go!  Sound familiar??

Well, hold on just a minute... let's back up and ask a key question to make sure you have done your job as the owner/manager to provide the tools necessary for your people to succeed at their jobs.

Did you provide them with a complete job description during the hiring process? And again on their first day of employment? And again upon their annual review, with changes made (if necessary)?

Employee job descriptions are written statements (usually several pages) that describe the duties, responsibilities, required qualifications, education, FLSA exemption status, and reporting relationships of a particular job. Employee job descriptions are based on objective information obtained through job analysis, an understanding of the competencies and skills required to accomplish needed tasks, and the needs of the organization to produce work.  It is also something that may evolve over time and needs updated as the job changes.

Employee job descriptions clearly identify and spell out the responsibilities of a specific job. They also include information about working conditions, tools, equipment used, knowledge and skills needed, physical demands, and relationships with other positions.

Effectively developed, employee job descriptions are communication tools that are significant in your organization's success. Poorly written employee job descriptions, on the other hand, add to workplace confusion, hurt communication, and make people feel as if they don't know what is expected from them.

Did you know that having accurately written, high quality job descriptions can also protect your company legally?
HINT: Saves you $$$$

• If an employee is terminated for poor performance, an accurate, complete, and up-to-date job description will help the organization defend its decision
• Job descriptions MUST have accurate and inclusive physical requirements/demands of the position to comply with the Americans with Disabilities Act (ADA) – they are often requested from doctors to determine if an employee can return to work after an illness, surgery, or injury
• Well-developed, accurate job descriptions may also prove useful in providing a defense against charges of employment discrimination beyond the recruiting process
• After completing a thorough job analysis, that will determine if your employee is exempt or non-exempt; make certain to label it on their job description.  [Violations of the Fair Labor Standards Act (FLSA) are VERY common in this area and come with HEFTY fines!]

 Remember, Employee job descriptions set clear expectations for what you expect from people. According to Ferdinand Fournies in Why Don't Employees Do What They're Supposed to Do and What To Do About It, this is the first place to look if people aren't doing what you want them to do. He says you need to make certain that they clearly understand your expectations. This understanding starts with the employee job description.

Lisa Kennis-Miller is the Founder and President of HR Rescue Resources, LLC, a human resources consulting firm for small to medium sized companies. Follow her on Facebook.   For $50 OFF a 1 hour consultation or to join our mailing list, please visit www.HRRescueResources.com

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The Secret Ingredient to a Competitive Advantage

Lisa Kennis-Miller is the Founder and President of HR Rescue Resources, LLC, a human resources consulting firm for small to medium sized companies.  Follow her on Facebook.  For $50 OFF a 1 hour consultation, please visit www.HRRescueResources.com

Ignoring this important business process could allow your competition to surpass you.  It could mean the difference between losing your business as a result of regulatory non-compliance fines and lawsuits OR you could recognize vulnerabilities, correct them, and blow your competition out of the water!

Tax season is upon us.  As we all scramble to file our taxes and bring financial order to our lives, (but mostly to AVOID penalties and fines from the IRS) let us not forget to look at other areas of the business.  This is where a Human Resource Audit (HR Audit) comes in.  Whether you have an 'HR Department' or not doesn't matter.  What does matter is that your company takes an intense objective look at its policies, procedures, and practices once a year, every year.  This comprehensive assessment will help in identifying areas in which changes need to be made.  Results of the audit will reveal gaps in policies and practices, which then can be an area to focus efforts to minimize lawsuits, fines, and other potential violations.  The last thing you want is a government agency knocking on your door announcing they are there to do an audit of your employment practices!

There are four types of HR audits.  

1. Compliance (How is the company complying with laws and regulations), 

2. Best Practices (Helps the company maintain a competitive advantage by comparing its practices with those of companies identified as having exceptional HR practices), 

3. Strategic (Focuses on strengths and weaknesses of systems and processes to determine whether they align with the company's strategic plan), and 

4. Function-Specific (Focuses on a specific area in the HR function (e.g., payroll, performance management, records retention, etc.). 

HR Audits serve many purposes.  They:

• Identify areas of legal risk, sources of lawsuits, and regulatory non-compliance.
• Identify issues, find solutions to problems before they become unmanageable.
• Determine how processes could be done differently/more efficiently.
• Tell if your business is compliant with State, Federal, and Local laws.
• Show what procedures/processes are you missing.
• Establish best practices in the industry.

So remember, doing an HR Audit is similar to getting your car inspected or getting a physical.  You pay a relatively small amount up front to get diagnostics and a list of suggested services that should be completed to 'keep the car running' or to 'stay healthy'.  If you take the advice and get the services or preventive care suggested, then you should expect relatively no problems until the next appointment.  If you choose not to do what is suggested, there can be dire consequences!

Written by Lisa Kennis-Miller, Founder and President of HR Rescue Resources, LLC, a human resources consulting firm for small to medium sized companies.  Follow her on Facebook.  For $50 OFF a 1 hour consultation, please visit www.HRRescueResources.com

  

3 HR Myths Jeopardizing Your Business RIGHT NOW

Lisa Kennis-Miller is the owner of HR Rescue Resources, LLC, specializing in small business education and Human Resource Consulting.  Follow her on Facebook.  For $50 OFF a 1 hour consultation, please visit www.HRRescueResources.com

Let's talk myths.  The human resource field (or as many call it, "HR") is flooded with them, many that date back decades - to the 'good old days', as some say, when Human Resources was simply known as the department that planned the office parties, kept the personnel files up to date, hired and fired employees.  Sure, back then individuals who held those positions had their hands full with busy planning activities, and didn't have the constant bombardment of emails, texts, social media, and cell phone calls to throw their days off track.  I actually envy the lucky lads/ladies of the era!  
But over the years they grew with the organizations they were employed by, and had to perhaps go back to school for degrees, get their certifications, etc. After all that work, many of their bosses didn't allow them a seat at the strategy table, or WORSE - didn't recognize how vital their views were to the company!  Some business owners and their directors are still stuck in the 80's as it pertains to what HR really is and what it needs to be in today's world. 
 I will share with you three HR Myths that could be jeopardizing your business as you read this!

Myth #1:  My company is too small to have formal policies (aka an Employee Handbook).

TRUTH - Even if you have a very small business (less than 10 employees), you walk into a minefield of government regulations and potential risks everyday.  Having written policies communicates expectations of employees,  spells out government regulations to abide by, and is your first line of defense to protect you as an employer.  

Myth #2:  My office manager/receptionist/administrative assistant/I can double as our HR person.

TRUTH - The HR industry has evolved exponentially over the past 20 years into a key strategic player in the organizational structure.  A college degree and PHR/SPHR (Senior Professional in Human Resources) certification are required to even begin to understand and implement the legal ins and outs involved in effectively managing people (and the paperwork associated with it).  Do you want to place the burden on your Receptionist to somehow know how to properly protect your business from lawsuits and non-compliance fines?  I didn't think so. 

Myth #3:  My company doesn't have to worry about an audit or fine from the EEOC (Equal Employment Opportunity Commission), NLRB (National Labor Relations Board), or OSHA (Occupational Safety and Health Administration).

TRUTH - All of these government agencies have made public that they are stepping up enforcement efforts right now with hefty fines, pushing the limits to protect workers from:  'systemic' discrimination, scrutiny on criminal conduct in background checks, equal pay laws, workplace harassment, wage & hour violations, and eliminating barriers in recruitment and hiring among others.  Settlements in the area of harassment have been averaging around $100,000 per individual count.  Can you afford that?

Now that you know the TRUTH, you can start making smart HR decisions affecting your business in the areas above, but don't stop there.  Come back to visit for more tips to keep you from falling victim to those urban legends and allow me to catch you in the Small Business Safety Net.  



Lisa Kennis-Miller is the owner of HR Rescue Resources, LLC, specializing in small business education and Human Resource Consulting.  Follow her on Facebook.  
For $50 OFF a 1 hour consultation, please visit www.HRRescueResources.com