Does your company currently file and store I-9’s electronically or have you thought about it as an option for the future? If so, read on to learn about the new final rule that was published on July 22, 2010. The U.S. Department of Homeland Security (DHS) published a final rule amending an interim final rule on the electronic signature and storage of the Form I-9.

The final rule allows employers to complete, sign, scan and store the Form I-9 electronically as long as certain performance standards in the final rule for the electronic filing system are met.

The final rule makes minor modifications to the interim final rule to clarify that employers:

1. Must complete a Form I-9 within three business days (not calendar days).
2. Can use paper, electronic systems or a combination of paper and electronic systems.
3. Can change electronic storage systems as long as the systems meet the performance requirements of the regulations.
4. Need not retain audit trails for each time a Form I-9 is viewed electronically. Instead, only when the Form I-9 is created, completed, updated, modified, altered or corrected.
5. Can provide or transmit a confirmation of a Form I-9 transaction but are not required to do so unless the employee requests a copy.

Employers have also requested guidance on the storage of documents used to verify an employee’s identity and eligibility to work in the United States. DHS clarified that employers may, but are not required to, copy or make an electronic image of a document used to comply. Employers should develop a consistent policy regarding the storage of document copies to avoid discrimination.

Additionally, the form I-9 and verification documentation may be stored in a separate Form I-9 file or as part of an employee’s other employment records. The pages of the Form I-9 containing employer- and employee-entered data need be retained; the other pages do not need to be retained.

The DHS amended the interim final rule to require an employer to provide or transmit a confirmation of the transaction only if an employee requests it. If requested, a receipt when completing an electronic record should be provided within a reasonable period of time, but it need not be provided at the time of the transaction.

Keep in mind that providing the option of electronic preparation and storage does not alter the requirement that the employer physically examine any documentation provided by the employee in the presence of the employee prior to completing the Form I-9. The final rule takes effect August 23, 2010.

Do your employees routinely come to you with complaints about each other and expect that you will resolve it? If so, it may be time to for a change! By telling them to deal with interpersonal conflicts on their own before they come to you, you have more time to focus on your work; and you help them develop the ability to handle conflict.

Managers who rush to resolve employee’s conflicts sometimes assume that problem solving calls for a top-down approach. As a manager, you can assert your authority by refusing to let them unload their conflicts on you unless they have attempted to work it out on their own. In addition, if you consistently confront one employee with another’s complaints, you’ll be seen as “taking sides” and creates the perception of bias.

Coaching employees to solve their own problems will initially take more time and energy than handling the conflict yourself. However, in the long term, you’ll create a work environment where conflict management is seen as everyone’s obligation, not just the manager’s job. Below are a few tips to get you started:

1. Don’t put your employees’ “urgent” issues at the top of your priority list. As a manager you may find yourself spending too much time dealing with issues that are urgent but not important. If you’ve allowed yourself to get drawn into employee problems, making a change may take some work but will eventually reduce the “urgent” problems dropped in your lap.
2. Train employees in conflict-resolution skills. By beginning with a self-assessment for each employee, you will allow them to better understand their own conflict-management styles and the pros and cons of using a particular style.
3. Communicate clear expectations. If employees are trained in conflict management and required to follow a specific course of action when conflicts arise among team members you will deal with less employee issues. If the policy is that managers should not be involved in refereeing petty disagreements, the team will be less likely to involve them.
4. Set specific guidelines. In some organizations, that standard procedure is that if an employee’s behavior is creating a problem within a team, the team is expected to work it out without involving the manager. If this is unsuccessful, the manager can be brought in to make a decision.
5. Remind employees to focus on behaviors, not personalities. Remind employees to focus on the other person’s behavior and the consequences of that behavior—not on personalities or subjective judgments.
6. Have an open-door policy—and stick to it. Let employees know that you’re still available to coach them on how to work through specific situations. For example, if they are having s specific problem, you could follow-up meeting to discuss how things are going for the employee. Employees also need to know that if they try and fail to resolve a conflict, you’re available for follow-up guidance.
7. Know where to draw the line. Clearly communicate that management must always be notified and involved in certain types of conflicts, especially where there are indications of physical violence, harassment, theft, or illegal substance use or possession. Your employees should never be expected to confront violations of the law or to enforce company policy without management’s knowledge.

While it’s impossible to create an atmosphere free of conflict, it is not impossible to enable your employees to learn valuable workplace skills such as conflict management. And bonus: you might just reclaim and protect your own time.

With summer right around the corner, many companies are considering whether or not an internship program is something that would be valuable for their organization. Your company might even be in a similar situation! The U.S. Department of Labor (DOL) has released a new set of standards to help employers determine whether interns must be paid the minimum wage and overtime under the Fair Labor Standards Act (FLSA) for their services. The standards apply only to those interns working for “for-profit” private sector employers. The term “employ” is loosely defined and most internships in the “for-profit” private sector are viewed as employment vs. training. Therefore, the interns should be classified in private sector employers as employee’s and would be subject to at least the minimum wage and overtime compensation for work that exceeds 40 hours per week.

While most internships in the private sector are subject to minimum wage requirements, the Supreme Court has held that the FLSA definition of work cannot be interpreted so as to make a person whose work serves only his or her own interest an employee of another who provides aid or instruction. This may apply to interns who receive training for their own educational benefit if the training meets certain criteria.

The DOL fact sheet provides a list of six criteria that must be applied when determining whether an internship should be considered training rather than employment:

1. The internship, even though it includes actual operation of the facilities of the employer, is similar to training that would be given in an educational environment.
2. The internship experience is for the benefit of the intern.
3. The intern does not displace regular employees but works under close supervision of staff.
4. The employer that provides the training derives no immediate advantage from the activities of the intern and on occasion its operations might be impeded.
5. The intern is not necessarily entitled to a job at the conclusion of the internship.
6. The employer and the intern understand that the intern is not entitled to wages for the time spent in the internship.

If all of these factors apply, an employment relationship does not exist under the FLSA and the law’s minimum wage and overtime provisions do not apply to the intern.

If your organization is interested in implementing an internship program this summer and you would like more information on FLSA standards, please contact your local staffing office. Midwest Staffing Group offers options for internships in addition to our standard temporary and direct placement staffing solutions!

Finally, experts advise that because of the variety of laws and legal issues that might arise, internship programs should be reviewed by counsel prior to implementation.

The DOL plans to continue reviewing the need for additional guidance on internships in the public and nonprofit sectors. For additional information, visit the DOL’s wage and hour division web site or call the agency’s toll-free information and helpline, 1-866-4USWAGE (1-866-487-9243).

Employee engagement is becoming top priority for many employers; in last month’s article we discussed the importance for businesses to understand the level of engagement of its workforce. An engaged workforce is a key driver to increase productivity, innovation and to maintain a competitive advantage. Although regularly measuring employee engagement through surveys is an important component to understand job satisfaction, there is a lot more management can do on a daily basis. The 'Employee Turnover and Retention' study by the CIPD, groups the reasons as to why many employees choose to resign into two distinctive groups:

The 'Pull' Factor: Sometimes it is the attraction of a new job or the prospect of a period outside the workforce which 'pulls' them.

The 'Push' Factor: On other occasions they are 'pushed' (due to dissatisfaction in their present jobs) to seek alternative employment.

Line manager’s who foster a “poor relationship” with employees can be a push factor behind an employee’s decision to leave their job. Often times, a poor relationship with a manager is hard to define, but a thorough exit interview is a step in the right direction in identifying potential issues. A recent study by Henley Business School highlighted factors employees identified as a way a line manager can affect engagement:

1. By fostering a participative, facilitative and empowering management style - not controlling or micro-managing
2. By being approachable, available and open and willing to share thoughts and feelings
3. By giving ongoing, constructive, open, direct and timely feedback
4. By working with honesty, authenticity and competence

Organizations should also examine ways to support line managers in engaging their employee’s. This might include setting engagement-based targets for management which are linked to rewards, team goals and team rewards. According to the same study, a lack of training, development and career opportunities were also major reasons why many employees resigned from their jobs. More companies are now implementing a workforce management approach as part of a strategy to help them identify unutilized skills within the company and the best ways to develop them. A workforce management strategy of fully utilizing skills is of particular importance in the current economy with many businesses running lean.

Organizations that view employee engagement as an ongoing process rather than a once a year survey are sure to see a more productive workforce! Midwest Staffing Group has a team of dedicated HR professionals that are ready to assist your organization in evaluating and implementing a comprehensive workforce management strategy through a variety of programs including line manager training, diagnostic survey’s and a variety of other methods! Contact your local branch office for more information about how we can assist your organization reach your strategic workforce goals.

Does your organization have a concern about the impact that the long recession has had on employee morale and engagement? Are you wondering how your current work force is holding up and if there’s anything you could do to improve the environment? As many organizations may have put off hiring to make up for revenue lost they have also turned to their current workforce to boost productivity, work longer hours and to take on additional responsibility.

In addition to increased workloads, remaining employees might have to deal with additional measures such as salary freezes, furloughs, reduced retirement and health benefits. Many organizations have also conducted layoffs at least once over the course of the recession which also impacts employee morale.

As employers are asking their employee’s to do more with less, it is essential that employer’s understand the level of engagement of their employee’s to ensure top performance. Employee engagement can be measured through various measures, but perhaps one of the more effective ways is through an employee engagement survey. Midwest Staffing group conducts annual engagement survey’s and selects actionable items to improve for the next year. We have an experienced HR team that is dedicated to assisting our client’s measure and improve their employee engagement levels! Feel free to contact our HR department to discover how we might be able to assist your organization.

If you wish to develop your own, Gallop has created 12 basic questions to discover engagement levels. This is a great starting point to help you develop your own survey! http://www.workforce.com

After you have developed your questions, one tool that helps measure morale is a web-based survey application called "Survey Monkey". Organizations can customize the surveys to meet their needs on a variety of topics and use it to supplement the objectives of larger strategic initiatives. Measuring employee engagement levels is a great first step to improving a work environment; just ensure your organization is ready to address what it uncovers!

While we may not want to admit it, “recession” is the buzzword of the day. People across the country have had to do more with less, some have lost their jobs, and many companies are hesitant to hire new employees. Minnesota currently ranks 13th in the percentage of unemployed individuals at 7 percent. However, staffing companies appear to be a beacon of hope in the midst of economic crisis. Experts believe that increases in staffing employment are an indication of a rebounding economy.

For years, researchers have argued in favor of staffing firms and their ability to gauge economic vitality. Some go further to suggest that increases in staffing jobs are key indicators of an end to a recession. These times being some of the most difficult in recent memory, a favorable increase in staffing jobs can be seen as a light at the end of the tunnel. “A sustained upturn in temporary help employment would signal the end of the current recession,” note researchers on behalf of the American Staffing Association. ASA’s report further indicates that the economy would start to rebound within three months of a sustained upturn, based on statistical trends from the last three recessions.

The Bureau of Labor Statistics released welcome news earlier this month, reporting that for the period between December 2009 and January 2010, temporary employment increased by some 250,000 jobs. This increase in staffing employment makes last month the best January in over twenty years, according the BLS. Further, temporary employment has been on a steady increase since September 2009. This means companies are becoming more confident in the strength of the economy, have increased workloads, and are looking for temporary solutions to improve workflow.

Staffing firms to the rescue! Recent activity in quite a few economic sectors indicate that companies are seeking temporary workers to fulfill vital functions, notes John Henka, sales manager for Midwest Staffing. “Some of our largest clients really ramped up in January,” he said. “These companies are starting to see that we act as a buffer, allowing them to hire employees on a temporary basis with the option of becoming permanent.” John said that he has seen an increase in staffing requests in manufacturing and government sectors; the medical and food industries are also gaining considerable speed.

Whether all this spells an end to the deepest recession since the Great Depression is yet to be determined. “My hope is that the national upturn in staffing employment will have a ripple effect and a lasting impact,” said Jeff Merwin, business development specialist for Midwest Staffing. “Right now, I am planting seeds by telling clients how we can help them when things turn around.” If current trends in staffing employment continue to remain stable—and, hopefully, increase—the American economy may be well on its way to a full recovery.

Today’s companies are utilizing temporary employees more than ever before. As the number of companies utilizing a temporary workforce grows, so does the need to take a closer look at employment law in this area. The ideal way to avoid co-employment issues is to partner with an experienced staffing provider that has established policies to ensure compliance with employment laws.

What is Co-employment?

Co-employment arises in situations where two companies maintain control over an employee’s work. This typically occurs when companies utilize temporary or contingent employees as part of their workforce.

In most temporary staffing arrangements, the client is responsible for the day-to-day direction of the temporary employee, while the staffing company is responsible for all of the other employment aspects of the temporary employee’s assignment. Typically, a provider of staffing services:

1. Recruits, screens, interviews, hires, disciplines and terminates the temporary employee.
2. Maintains all necessary personnel and payroll records, including drug screens and background checks.
3. Computes wages and withholds applicable taxes.
4. Remits employee withholdings to and makes employer contributions for federal FICA and federal and state unemployment insurance payments.
5. Pays net wages directly to the temporary employee.
6. Provides Workers’ Compensation insurance coverage.
7. Resolves the temporary employee’s complaints and grievances.
8. At the request of the client, for any valid legal reason, removes the temporary employee assigned to the client.

How KeyStaff Helps Manage Co-employment

For the co-employment issues described above, we partner with our clients to ensure that each of us fulfills our role in the relationship with temporary employees. While client employees are regularly involved in the supervision of the actual work performed by our temporary employees, we take great care to ensure we maintain control of the employment relationship at all times. We accomplish this by adhering to a few best practices:

1. All aspects of the economic relationship with temporary employees (e.g. payroll, raises, bonuses, benefits) are administered by KeyStaff without client involvement. The client provides performance feedback to determine which temporary employees are eligible for bonuses but KeyStaff administers the programs.
2. All communications regarding the length or termination of employment are handled by KeyStaff without client involvement.
3. Employment-related issues that arise between temporary employees and client employees are promptly communicated by the client to KeyStaff staffing managers. This practice enables KeyStaff and the client to resolve these issues effectively.
4. We have implemented an open communication policy so that temporary employee issues are recognized early and addressed by KeyStaff staffing managers before they escalate.

By implementing the above practices, KeyStaff has been successful in avoiding co-employment issues with our clients. In addition, if issues should arise, we have the support of our experienced human resources and legal staff to advise and assist in these matters. We are committed to providing superior service to our clients in all aspects of our partnership, from properly managing co-employment risks to supplying a high quality workforce!

Congress and the President have extended and expanded the COBRA premium subsidy which will allow more individuals to take advantage of federal assistance. The new legislation is part of the Department of Defense Appropriations Act, 2010 which extends the COBRA subsidy’s eligibility period for two months and extends the maximum duration of the federal assistance from nine months to 15 months. Employers will be required to provide additional notification to qualifying employees of regarding their rights under the Act.

At this point, the Department of Labor (DOL) has not provided a sample of the additional notice required under the provision. However, the new provision does require additional notices describing the new 15-month premium subsidy and other amendments. It will be important for all employers’s to stay up to date regarding the new notices and any sample’s issued by the DOL. Notices should be sent to all assistance-eligible individuals who are on COBRA on or after November 1, 2009, or whose qualifying event is a termination of employment occurring on or after that date.

Credit/Refund Processes for COBRA Subsidy Extension

Credit and refund procedures will be necessary to accommodate assistance-eligible individuals (AEIs) who paid more than the required 35 percent COBRA premium since the enactment of the subsidy extension. We recommend working closely with your benefits department to ensure participants receive the proper refund and that the amount your organization paid out is reimbursed through a premium reduction through a payroll tax credit. As always, Midwest Staffing Group is available as a resource and will keep your organization updated on any critical changes!

The current "job market recession" you may be wondering how you evaluate someone who's been unemployed or underemployed for the past few years. How do you evaluate their outdated histories, likelihood to succeed and overall cultural fit?

Keep in mind that the same basic principles used in evaluating candidates five years ago will remain fairly similar to those that should be used in today’s job market. Employers should focus on four main factors when evaluating candidates: longevity, career progression, technical skills/education, and personality match/employer compatibility. Candidates should be asked questions in the following categories to evaluate the individual’s ability to match the four key criteria.

Tell me about the reasons for leaving your current and past employers.

Attempt to differentiate between layoffs and times when the candidate made their own moves. In cases of layoffs, ask: How many people were laid off at the same time? How many people survived the cut, and how were they selected? How many waves of layoffs did you survive before you were let go?

Walk me through your progression with your current company, leading me up to what you do now on a day-to-day basis (if they are unemployed use the past employer as an example).

How have you had to reinvent your job in light of your company's changing needs? What makes you stand out among your peers?

From a technical standpoint, on a scale of 1 to 10, how close a fit are you for this particular position based on your understanding of the skills and responsibilities involved?

Why are you an ___? What would make you a 10?

At what pace do you work?

How many hours a week do you find it necessary to work to get your job done? When it comes to giving constructive criticism, should your supervisor be sensitive in delivering bad news, or do you pride yourself on your thick skin? These questions can also be asked in a behavior-based format by following the question with the phrase, "Give me an example of a time when..." This will allow your candidates the opportunity to explain their initial answers in a real-life setting.

Questions for The 'Underemployed'

As high as the unemployment rate has been over the past few years, many companies still feel that it is a challenge to find strong candidates. The common belief is that "All the good ones are already working," inferring that the unemployed or underemployed were somehow not first in class.

One option when interviewing someone who is underemployed is to play “career counselor” role during the interview. This strategy gives you an opportunity to see show how creative and persistent they can be when faced with adversity. For example, ask recent MBA graduates, two years out of school and working only in temporary roles, "What has been your job search strategy since graduation and how many interviews have you landed? What kinds of corporations have you been focusing on, and how have you developed your leads?"

A less aggressive applicant might respond: "I’ve been searching the classifieds. At this point, I’m really just looking for a job.”

A strategic thinker who is motivated, might respond: "I've reached out to Grad school’s alumni group and introduced myself to100 alumni for networking. I then made a list of the top 25 corporations I would like to work for and I then sent my resume to the managers in all of those companies. Since then, I've generated more than 15 exploratory interviews over the past year, but unfortunately none has panned out." An answer like this indicates the candidate is interested in your “type” of organization and isn’t afraid to network. Both may be key items for the opening at your company! Next it's time to focus on why they’re not getting the jobs applied for: "You seem to know what you want. Why haven't you landed a full-time position yet?"

The following responses will probably make or break the interview:
"I don't know. (Not a strong answer)

The companies seem interested, in a few of cases, the funding never came through for the position. It's not that they didn't hire me; they couldn't hire anyone." (Good)

Temporary work or temporary employment has often been referred to as contractual, freelance, seasonal or simply as “temp” work. A common misconception can be that Temporary agencies offer positions, which are only temporary but in actuality also offer positions, which could lead to permanent placement. Temporary agencies work individually with companies and potential employees to find the most compatible pairing.

Benefits for companies working with Temp Agencies:

1. Confidence and Quality - All employees’ (temps) adhere to a thorough background check including an investigation into their criminal record. A “Temp” agency also examines the requirements and desires of a company to meet their expectations by providing a competent employee.
2. Economical - Companies, which need temporary employment to perhaps help complete a large project, or substitute for a permanent employee on a leave or vacation, do not need to pay all the benefits of a full time employee. In most cases, temporary employees receive an hourly wage and receive no insurance benefits; this of course is dependent on the longevity of the position and individual company policies. Once the job has been, fulfilled companies release the “temp” without the added expense of paying unemployment fees, which would be required by “laying off” a permanent employee.
3. Flexibility - Hiring a ‘Temp’ is an excellent way to find the right employee for an available position. If you are unhappy with the performance of a ‘Temp’ finding a replacement is a simple transition. Temporary agencies deal with the hiring, the placement and the paperwork.

Benefits for employees working with Temp Agencies:

1. Flexible Hours - Employees have the flexibility to choose when and where they work. Temporary agencies work with the potential employee to find a position that best fits their schedule. Full time or part time jobs are available in the daytime, evening, or even weekends and in some cases special holiday positions are available.
2. Pay Rate - The pay can be beneficial to temps because when employers are looking to fill positions quickly they are willing to pay the extra price. Health benefits may be available depending of the longevity of the position and contingent to company policies