November, 2007


Hello!

It's Thanksgiving and the perfect time for me extend my thanks to all my readers ... whether you are clients, prospects, or colleagues ... I appreciate your continuous support of my monthly "HR Tips and Tools" and hope that the information presented each month is helpful. I also hope you have some great plans for the Thanksgiving holiday ... do stay safe!

Even with the holiday fun being here ... my newsletter this month covers two very important "news" items:

  1. A new Employment Eligibility Verification Form (I-9) is now available.
     
  2. The State of Arizona has increased their minimum wage.
 
Plus, for the holiday season ... Employment Rules For Holiday Parties!

But before we get to all that .. here is our monthly mini quiz:
 
Of the 12,025 sexual harassment complaints received last year by the EEOC
and state and local fair employment practices agencies, what portion was filed by men?
 

a. 1.4%   b. 5.7%   c. 9.1%   d. 15.4% e. 31.4%
The correct answer can be found at the end of our newsletter.

Now, on to our "news!"




New Legal Guidelines


You Need a New I-9 Form

The U.S. Citizenship and Immigration Services (USCIS) recently announced that a new Employment Eligibility Verification Form (I-9) is available for use. All employers must complete a Form I-9 for each employee hired in the U.S.

Employers are encouraged to start using the new Form immediately and will be required to do so once notice is published in the Federal Register.


The new I-9 is available from the USCIS at:
www.uscis.gov/i-9
Forms can also be ordered by calling:.
1-800-870-3676
A New Handbook for Employers
Instructions for Completing the Form I-9
is available and can be downloaded at:
http://www.uscis.gov/files/nativedocuments/m-274.pdf.


The most significant change to the new Form is the removal of 5 documents for proof of both identity and employment eligibility from List A. They include:
  • Certificate of U.S. Citizenship
  • Certificate of Naturalization
  • Alien Registration Receipt Card
  • Unexpired Reentry Permit
  • Unexpired Refugee Travel Document
One document was added to List A of the List of Acceptable Documents:
  • Unexpired Employment Authorization Document
Instructions:
Section 1 now indicates that the employee is not obliged to provide a Social Security Number unless he or she is employed by an employer who participates in E-verify, the Internet-based employment eligibility verification system.
 
The Section on Photocopying and Retaining now includes information about electronically signing and retaining I-9s.

The Above Information Provided By: HRN Management Group, www.hrnonline.com

One more note:
The Form I-9 is available in English and Spanish. However, only employers in Puerto Rico may have employees complete the Spanish version for their records. Employers in the 50 states and other U.S territories may use the Spanish version as a translation guide for Spanish-speaking employees, but must complete the English version and keep it in the employer's records. Employees may also use or ask for a translator/preparer to assist them in completing the form.




State of Arizona Minimum Wage Increase

At their meeting on October 4, the Industrial Commission took action to set Arizona's minimum wage for 2008. Based upon that action, effective January 1, 2008, Arizona's minimum wage will be $6.90 per hour.

In accordance with Arizona's Minimum Wage Initiative, the Commission is required to adjust the state's minimum wage annually on January 1, 2008 and on January 1 of successive years by the increase in the cost of living. The increase in the cost of living is measured by the percentage increase of the Consumer Price Index (All Urban Consumers, U.S. City, All Items) or its successor index…with the minimum wage increase rounded to the nearest five cents.

This change will mean that Arizona's minimum wage in 2008 will exceed the Federal minimum wage. The Federal minimum wage increased to $5.85 per hour in July of 2007. In July of 2008, the Federal minimum wage will increase to $6.55. In July of 2009 the federal minimum wage will rise to its statutory maximum of$7.25 per hour.

Information regarding the minimum wage initiative can be found on the Industrial Commission's web site at www.ica.state.az.us.




Holiday Parties

If you're sponsoring lively merrymaking this holiday season, here are some employment rules to remember:
  • Although you don't need to pay people who voluntarily attend off-duty events, parties during working hours that employees are required to attend are considered "worktime".
     
  • Perhaps the most significant source of potential liability relates to the consumption of alcohol. Intoxicated celebrants may create liability for accidents and personal injuries, and workers' compensation claims.
     
  • Additionally, a slightly-buzzed brain and lubricated social inhibitions may result in illegal harassment, such as an unwelcome romantic advance, an unkind joke, or other alcohol-induced faux pas.
Here are some practical suggestions to decrease your risks:
  • Train supervisors about the company's liability and assign some to keep an eye on the activities, especially concerning alcohol and drinkers.
     
  • Restrict alcohol consumption; if alcohol is served, limit the types of alcohol, the number of drinks, and the time during which it is available.
     
  • Provide food (other than bar snacks and salty items designed to increase thirst).
     
  • Provide a variety of activities and events (besides the bar).
     
  • Have the party away from the workplace, in a hotel, restaurant, or other facility.
     
  • Provide designated drivers, taxis, or other alternative transportation (or arrange for rooms at the facility) to reduce the possibility of alcohol-related car accidents.
Also check out the US Labor Department's Nine Tips for Office Celebrations. http://www.dol.gov/asp/programs/drugs/workingpartners/sp_iss/ninetips.asp

© LawRoom



Answer to Quiz:
Correct Answer: d. About 15.4 percent

Explanation:

The portion of sexual harassment complaints filed by men has risen from 9.1 percent in 1992 to a record 15.4 percent in 2006, according to the U.S. Equal Employment Opportunity Commission.

Of the 12,025 sexual harassment complaints received last year by the EEOC and state and local fair employment practices agencies, about 1,850 were filed by men. In 1992, men filed about 960 of the 10,532 sexual harassment complaints.

© HR.BLR.com




ABOUT MJMS, INC.

President and Principal Consultant: Margaret Jacoby, PHR

Margaret Jacoby has more than 25 years of Human Resources and professional management experience in a variety of industries. She has designed human resources infrastructure and implemented systems to ensure compliance with state and federal employment laws. She has directed high quality human resources functions for small and emerging businesses, and served as an external consultant to a wide range of diverse organizations, including non-profits.
 
Her work has included: 

  • Conducting H.R. Needs Assessments
  • Drafting employee handbooks and policy manuals
  • Conducting job analysis and developing position descriptions
  • Conducting on-site compliance audits
  • Counseling management on progressive discipline
  • Drafting and review of employee disciplinary actions
  • Providing mediation in employee/employee conflict
  • Training employees/supervisors/managers in the implementation of human resources systems and policies such as Sexual Harassment
  • Conducting workshops for business owners on H.R. compliance issues.
 
Ms. Jacoby has earned the nationally-recognized certification of Professional in Human Resources (PHR) from the HR Certification Institute, Society for Human Resource Management (SHRM).
 
Ms. Jacoby's professional affiliations include:
  • Professionals in Human Resources Association (PIHRA)
  • Society for Human Resource Management (SHRM)
  • National Association of Women Business Owners (NAWBO), Los Angeles and Phoenix
  • California Chamber of Commerce

  • Arizona Small Business Association (ASBA)
  • Long Beach Community Business Network (LBCBN)
  • Institute for Management Consultants (IMC)
  • Los Angeles Area Chamber of Commerce




Phone: 480-924-6101 and 310-798-4569   Fax: 408-452-1429
margaret@mjms.net •  MJ Management Solutions, Inc.