In every company that hires foreign workers, there is usually a person that serves as the immigration contact and signatory for the company.  IF you are offered that position, beware!  It can be very time consuming and it is important to manage the contact info in a timely manner.  In an article in the Society for Human Resource Management (SHRM) news 9/1/2011 the author provides some guidance on three common issues facing the contact person.

Worker Location – Knowing where the foreign worker is physically working is important.  Many managers are not aware that foreign national workers in the U.S. may be geographically restricted to a particular location based on the attestations made by the company in the initial visa petition.  The US Citizenship and Immigration Services Department is responsible for confirming that workers are indeed at the location cited in the visa.  Recently the Department has stepped up the number of onsite visits to H-1 and L-1 employers to ensure that visa holders are indeed working where they are supposed to be.  They also check to verify that the foreign worker is in a position that requires the skills and education that they possess. 
For example, an H-1B temporary worker visa is issued for a foreign national who possesses at the minimum a bachelor’s degree or equivalent and who has taken a position in the US that requires the bachelor’s degree.  The L visas are either L-1A, an intra-company transfer visa for a manager or executive, or an L-1B visa for a person with specialized knowledge.  Again, the USCIS will verify that the person with the visa is actually meeting the L visa specifications. 
One duty, therefore, of the contact person managing this program is that they work closely with the supervisors writing the request to assure that there are no discrepancies between the attestations on the petition and the actual position being filled.

Records Maintenance – There are specific requirements for maintaining files for foreign workers, as there are for any other employee.  In particular, there is a time to purge employee documents as it relates to H-1B employees.  This is in part to ensure that the company is not held liable for possible past transgressions. 
Companies hiring an H-1B nonimmigrant must file a Labor Condition Application (LCA) with the Department of Labor, attesting as to the nature of the position and wages to be paid.  This report then becomes part of the Public Access File which has to be maintained throughout the foreign national’s employment and kept for one year following the expiration of the application or separation with the employee.  If the employee is terminated or resigns prior to expiration of the LCA, the employer has to notify DOL and the USCIS of that fact.  Failure to notify can result in the company being responsible for back pay. 

Inadvertent Exports- Currently companies filing a Form I-129, specifically used for several categories of nonimmigrant workers have to certify the company’s  compliance with US Department of Commerce and US Department of State “deemed export” regulations. 
“Deemed Export” rules relate to the release of a controlled technology to a foreign national.  Employers must certify whether or not the technology that foreign workers have access to has sensitive military, trade or national security applications, and if so to follow the appropriate licensing process.  The requirement may relate to the produce itself or to the “destination” country, as the foreign worker is seen as a representative of that home country.  If the worker is from an embargoed nation or those accused of harboring terrorists, restrictions as to technology access are at the highest level.
So..carefully read the controlled technologies list.  Keep careful records if you are the immigration contact person, and periodically get updates from supervisors concerning the foreign national worker’s status.  See why you might want to pass this opportunity on to someone else? 
Finally, your employment attorney should be involved in and apprised of any documentation and reporting, just to make sure.  Good luck!

Tags: employment issues, For Employers

An article in the Society for Human Resource Management Legal Issues section gives a bleak picture of UI costs across the country. Speaker Douglas Holmes, President of UWC spoke before a session of the SHRM employment law conference last week.  He provided some interesting facts. 
State unemployment taxes increased as a percent of wages about 34% from 2009 to 2010, and are expected to go up even more in the next year.  Also, thirty-two states have outstanding federal loans (from the FUTA fund) to the tune of $43.6 billion.  Interest on those loans is approximately 4% for 2011. Interest amounts cannot be paid from state UI taxes, according to federal law, so states will have to have special assessments or increase the FUTA rates to meet these costs.  Spending on unemployment is at an all time high, as we have seen in the news.
How can companies affect their UI costs?  Management, both in their policies and in their employee hiring, reviewing and firing, can have a major effect.  The SHRM article had some ideas on what Human Resources can do to help mitigate these costs.  Some are pretty obvious: review and verify tax rate notices, make sure that your employee and contractor classifications are correct, and make sure that you have accurately reported wages.
Also, HR should work to protect the company’s experience rating.  Filing claims accurately and timely is important.  Spending time appealing incorrect determinations will help the company down the line, and make sure a company HR representative attends these hearings. 
Finally, review and improve hiring procedures and performance management appraisals.  Careful and accurate documentation in these processes can reduce UI claims.  Any employment actions or disciplinary procedures should be reviewed for accuracy and thoroughness.
Training for managers and supervisors on a regular basis is important.  Working with state unemployment agencies to help identify training or internships for unemployed workers can help serve some of your needs while reducing unemployment claims.  Most of all, stay on top of this issue!  It is only going to get more costly in the near future.

Tags: employee benefits, For Employers, industry news, performance management

According to the National Association of Colleges and Employers (NACE), the Class of 2011, whose prospects were already better than those of the Class of 2010, will experience an even more positive hiring environment.  Polls conducted with NACE member employers indicate a positive hiring index for January of 2011, with the February index showing an even higher response. 
The scale used to scores responses ranges from 0-200, with 100 meaning no change.  The January survey index was 120.9.  In February the index jumped to 126.3.  In addition, the percentage of employers that reported plans to hire more graduates has grown – to 53.3% based on a 39% response rate for the employer group.   
On another note, a Society for Human Resource Management (SHRM) survey of employers in January of this year indicates that starting salaries may be slightly higher than last year.  Their Leading Indicators of National Employment index also indicated that both manufacturing and service businesses expect to add employees.  They also indicate that they expect recruiting to be more difficult than last year.
Finally, at the other end of the scale, it seems that some industries such as health care are concerned about replacing C-level people as the baby boomers start to retire.  An AMA survey of 117 senior health care executives revealed that fewer than 7% of health care organizations are prepared to deal with a sudden loss of key leaders.  Considering the huge changes coming down the pike for this industry, and considering also the predicted shortage of health care providers, the impact on business and individuals of this shortage could be major!
More surveys:  global outplacement and executive coaching firm Challenger, Gray & Christmas, Inc., June 9, 2010  found that turnover among top executives in the United States jumped 23.7 percent in May 2010, as 125 CEOs announced their departures,.  Challenger found that in this group also, succession planning was lacking.
So – this could be a big opportunity for those middle management folks that were squeezed out in the last layoff to get their tools sharpened for the future!  Someone has to fill these positions.  Why not you?

Tags: candidates, For Employers, hiring talent, industry news, recruiting

First let me state that I’m not a lawyer, just a law-abiding citizen.  I do pay attention when folks mention problems in the HR world and it seems complying with IRS rules for contractors is very important, and receives a lot of attention. So I’ve hunted around to get input from various groups on what to watch out for.  Here goes.
First, the guiding principles of a contractor vs. employee:
The general rule is that an individual is an independent contractor if the payer has the right to control or direct only the result of the work and not what will be done and how it will be done. The earnings of a person who is working as an independent contractor are subject to Self-Employment Tax.
You are not an independent contractor if you perform services that can be controlled by an employer (what will be done and how it will be done). This applies even if you are given freedom of action. What matters is that the employer has the legal right to control the details of how the services are performed.
From another source, findlaw.com, I find a 20- factor checklist to determine whether you are an independent contractor.  Lawyers can always give more detail. I’ve highlighted most of the list. Here is the quicksummary of when you’re NOT independent.
1. You receive specific instructions on how to do the work from the employer.
2. Training to perform the task in a specific manner, by an experienced employee.
3. Integration of the “contractor’s” services into the business operations.
4. Services must be rendered personally.
5. If the hiring supervisor is responsible for hiring and paying assistants but not contractors, the inference might be made that it’s an employment situation.
6. Continuing relationship – contracts should have a clear ending
7. Set hours of work.
8. Full time required.
9. Doing work on employer’s premises required.
10. Order or sequence of how to do task is set.
11. Regular oral or written reports – implies control.
12. Payment by hour, week or month rather than by task performed or contract term.
13. Payment of business or travel expenses.
14. Furnishing tools or materials
15. If worker has significant investment in the workspace not reimbursed by employer it indicates independence.
16. Working for only one entity implies control and thus employment.
Isn’t life interesting?

Tags: candidates, For Employers, Independent contractor, industry news, recruiters

The movie “The Social Network” has stirred interest again in the many ways social networking can be used.  One market that is expanding rapidly is online recruiting and hiring for corporations and even small companies. 
An increasing number of recruiters and organizations are turning to LinkedIn, Facebook, Twitter and more obscure niche social networking sites to speed up the recruitment process and reduce costs.  The process does, however, need to be managed appropriately. 
As I browsed LinkedIn I saw company (group) memberships that allowed current and past employees to join, and there were job listings on the site.  Some provided alternative links for non-employees to check out  jobs. I also noticed that companies join professional organizations in their industry and through that link attract more-qualified candidates for their needs.
There are a number of ways to use the social media to recruit.  Company blogs may include job opportunities with links to social media sites provided.  For a specific set of skills a company may post a technical question on their network and use the responses to identify a potential recruit.  The social networks also provide another way for a company to highlight their organization to attract a specific group of people.  Organizations may encourage employees to create a LinkedIn account to enhance its employee referral program. 
Cautions for companies diving in to the new social media – don’t stop using your other sources, but allocate efforts among the different recruiting tools.  Also, make sure that your application process is sophisticated enough for the new group of tech-savvy applicants.  Seamless processes help insure that the folks you are interested in will get through.  Otherwise they may  just get impatient and move on to another opportunity.
For job seekers, the trick is to get involved in these networks by searching for appropriate groups and individual links that further your career search.  As mentioned above, getting involved in discussions related to your experience could get you noticed by a recruiter.  Make sure that your own social network page is professional and targeted to the market you are interested in. 
As always, good luck!

Tags: applications, candidates, For Employers, hiring talent, Hiring Trends, industry news, job seeker, recruiters, social network