Employment/HR News

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Federal and State officials get tougher on worker misclassifications.

As state and federal regulators increasingly crack down on businesses that government officials say are misclassifying employees as contractors, the Internal Revenue Service is expected to raise around $7 billion over 10 years from the crackdown as companies are made to pay Social Security, Medicare and unemployment insurance taxes for those workers.

 

Minnesota: Study finds comp costs per claim are low

Workers' compensation costs per claim for injured workers in Minnesota were among the lowest of 15 states examined in a recent Workers Compensation Research Institute study. click here for more....

The Conference Board says U.S. labor market faces bumpy road from recession to recovery

The contradiction that showed U.S. employment and unemployment both going up in January is one of several complex aspects of the labor market's road from recession to recovery, The Conference Board reported March 2. Real GDP, consumer spending, and productivity increased in the U.S. in late 2009, and the speed of job losses declined from 2008 and the first half of 2009. But there have not been consistent monthly gains in net hiring. In January 2010, the U.S. labor market shed jobs, yet the unemployment rate fell. "We'll experience more months of these mixed signals before the labor market reaches sustained recovery," says Christopher Woock, researcher, human capital, The ConferenceBoard.

 

 

 Temporary help firms: Who’s the boss?

By Diane Amell, MNOSHA Training Officer

During times of economic uncertainty or when business volume normally fluctuates throughout the year, employers may be reluctant to hire new employees who they may have to then lay off within a short time. For many employers, the solution is to use a temporary help service to provide short-term employees to get the work done, deliver product and provide prompt customer service.  

Minnesota OSHA is frequently asked who receives the citations and penalties if MNOSHA conducts an inspection of a workplace where temporary employees are working and violations are found. In such cases, MNOSHA determines who controls the means and the manner of the work. Usually it is the employer that brings the temporary workers in to perform the job, setting the hours, providing the necessary equipment and tools, and dictating how the work is to be accomplished.

Temporary employees must be included in the receiving facility’s safety and health program. They are to receive all necessary training and be provided with the proper personal protective equipment to enable them to perform their assignments safely, just like long-term employees. The employer that provides the day-to-day supervision of the temporary employee is generally held responsible by MNOSHA for assuring these steps are taken. Any work-related injuries and illnesses suffered by temporary workers must also be recorded on the host employer’s OSHA Form 300 injury and illness log.

All employees, whether short-term or permanent, have the right to be safe on the job and be able to return home after work without harm.

DHS Clarifies the Rules Governing Electronic I-9 Forms

The Department of Homeland Security has issued new rules regarding the creation and retention of electronic I-9 forms. The new rules clarify some issues that had been concerns amongst employers. The regulations will take effect on or about August 21, 2010. The changes include the following:

• Employers must complete an I-9 form for each new hire within 3 business days of the date of hire for the employee (not 3 calendar days);
• Employers may use paper, electronic systems, or a combination of paper and electronic storage mediums;
• Employers may change electronic storage systems as long as the system being utilized meets the performance requirements of the regulations;
• When utilizing an electronic I-9 system, employers must keep an audit trail when the I-9 is created, completed, updated, modified, altered, or corrected; employers do NOT need to keep an audit trail when the I-9 is viewed;
• Employers may provide or transmit a confirmation of a Form I-9 transaction, but are not required to do so unless the employee requests a copy. This requirement ensures that the employee can verify all information is imputed correctly on the I-9 form.

If you are planning to utilize or implement an electronic storage system for I-9s, be aware that the regulations address specific requirements for auditing and reproduction that you must maintain in order to be in compliance with the regulations. These provisions must be examined closely to ensure any system you are utilizing complies with the rules.

Remember, employers are required to retain a Form I-9 in their own files for three years after the date of hire of the employee or one year after the date that employment is terminated, whichever is longer. Recruiters or referrers for a fee are required to retain each Form I-9 for three years after the date of hire. Employers are not required to copy or make an electronic copy of the documents an employee presents to verify their employment in support of their I-9; however, employers must apply their policy/practice uniformly to all employees.

If you have any questions regarding the I-9 requirements, I-9 processes, or any ICE Form I-9 inspections and investigations, please contact Sara Stertz at sstertz@salawus.com. Sara is experienced in handling such matters efficiently and cost effectively.

 

 

 

 

 

 

 

 

 

 

 

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