REDDING, CA (April 20, 2011)—Although seemingly daunting, obviously controversial and somewhat confusing for Georgia Employers, House Bill 87 is not difficult to comply with. Employers can either utilize the government website (http://www.uscis.gov) or through free service companies like I-9Compliance.com that offer added benefits (electronic storage, wizard based data entry and pre-populated letters for example).

Both solutions are free.

HB87 mandates that companies with more than 10 full-time employees register with the federal E-Verify program to check the legal status of new hires and creates the offense of "aggravated identity theft" for the use of false information.

I-9Compliance.com offers a free E-Verify integration and electronic storage of all I9 Forms for all clients of their national organization.

"Our business model has changed over the years to offer as many free services as possible to employers. In today's economy, employers must scrutinize all expenditures closely to ensure they are not paying too much or in this case, paying for a service that is free. After a substantial acquisition and investment in software, we are proud to be able to offer this service at no charge to our clients." said Robert Mather, CEO of Pre-Employ.com, Inc (parent company of i9Compliance.com). "We process over 10,000 requests a day for consumers or employers, a high percentage for no fee".

A free tutorial is available on the website: http://www.i-9compliance.com

Since 1994 Pre-employ.com has been a national leader in HR Services. With a "go to market strategy" that focuses on free programs combined with price match guarantees on fee-based services. Pre-employ.com has become the partner of choice for thousands employers of all sizes. Some of the programs offered include: Background Check Services, Drug Testing, Unemployment Claims Management, Fingerprinting, Former Employee Payroll Verification Services and more.

For More Information Contact:
Amanda Zuidema
Director, Public Relations
Pre-employ.com, Inc.
(800) 300-1821 ext. 210
amandaz@pre-employ.com

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Employers are entitled to run background checks on prospective new hires but they must adopt a policy that complies with federal and state laws. Job applicants may sue the employer if it is possible to prove discrimination if the pre-employment screening is biased based on equal opportunity laws. Therefore, it may be prudent to hire a background screening company that specializes in running background checks and is able to do so within the constraints of all applicable laws.

The business should consider the type of background check to determine if it is appropriate for the vacant position the company needs to fill. While it may be appropriate to check an applicant’s credit when the position involves financial responsibilities, an individual’s credit is hardly ever an indication of a potential hire’s ability to perform the job for which he or she is applying.

For any type of background check, the hiring employer needs to state the types of background checks required of any applicant and the employer needs to have each prospective employee sign a form that grants the company to do so. Notification that the company conducts pre-employment drug tests and background checks may discourage many people who know they would not pass these checkpoints from applying.

Employers must conduct and use background checks in a uniform manner. It is extremely important for an employer to use background checks as a basis for hiring with uniformity. In addition, the employer may consider discussing with applicants concerning the nature of any derogatory information found in applicable background screenings. In the event that the employer decides not to hire an applicant based on negative findings, they should carefully explain to the applicant why the company made the decision and why the negative information is undesirable to the company.

In conclusion, while it may seem like a good idea to run background checks on prospective employees, the employer needs to exercise caution concerning the way they conducts the checks and how it uses the information in their hiring decisions. If the applicant is in a protected class, he or she may decide to file a discrimination lawsuit against the employer in the event that the employer does not make or retracts a job offer. An employer may avoid litigation by retaining a professional background screening company. Firms that are below competitive rates that other established companies charge may indicate that they do not conduct background checks thoroughly and accurately or that they cut corners and skirt around state and federal laws.

Pre-employ.com encourages employers to review their background screening program carefully, through yearly analysis and can do so free here: http://www.pre-employ.com/quote

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When a leading healthcare organization found that the costs and time that they were spending on employee background checks were not leading to the desired results, its management realized that outsourcing these functions could be a cost-effective and efficient solution. The organization had come to the conclusion that their own compliance efforts were not sufficient, and given the possibility for fines and penalties, it was clearly time to put a more effective solution into place. In addition, far too much effort was being spent on routine human resources tasks, such as unemployment insurance claims, which distracted the human resources team from carrying out the healthcare organization's core mission.

Therefore, they chose to outsource employee verification procedures, including background screening as well as immigration status eligibility checks, to Pre-employ.com. We were able to save them a total of $575,000 over five years using the following solutions:

Background and Drug Screening - Savings: $2 per employee
Our background checks and drug screening ensured compliance with State and Federal regulations and saved the organization 8% compared to their prior in-house procedures.

Free Access to i-9/E-verify Service - Savings: $3 per employee
E-verify represents the most secure and accurate method of verifying an employee's immigration status as per Federal law, and besides the cost savings, use of our E-verify service guaranteed that our client would not be subject to any fines or penalties for failure to comply with ICE regulations.

Income and Employment Verifications/Unemployment Insurance Claims - Savings: $2.65 per employee
In addition to the cost-effectiveness of outsourcing these functions, the healthcare organization was able to better utilize its own Human Resources department to carry out its primary mission of providing the highest quality health care.

By using our outsourced services and automated solutions, this healthcare organization was able to achieve cost savings that are very beneficial considering the cost constraints under which many healthcare enterprises operate at this time. Most importantly, its management could be reassured that all of its processes were being carried out by compliance professionals who therefore eliminated any possible legal liabilities which the organization could have faced for failure to comply to State or Federal regulations.

Healthcare organizations need to keep human resources administrative costs as low as possible, while making sure that they do not face costly fines and penalties for failure to comply with State or Federal employment regulations. Therefore, leaders in the healthcare industry are increasingly turning to outsourced background screening contractors such as Pre-employ.com in order to improve efficiency and reduce or eliminate compliance liability. With regulations growing more complex, it is advantageous to turn to Pre-employ.com to make sure that they are properly followed, especially as outsourcing background screening is also cost-effective.

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Technology has come through as a salvation in many areas of business and it has done so again with the introduction of a web-based solution for handling the Form I-9 documentation process. Form I-9 software for web-based use is now available and it offers a solution that encompasses all of the steps required to correctly complete all I-9 documentation in full compliance with the government’s E-Verify system. Whether the company is large or small, acquiring and maintaining I-9 documentation is a daunting process. This procedure involves:

• obtaining legible documents while confirming that all information submitted is correct and true;
• transcribing the data on the I-9 Forms into the government’s Employment Verification (E-Verify) system for comparison purposes;
• verifying immigration status and eligibility to work by comparing with other federal databases;
• organizing and storing these documents in a place that is easily accessible for future reference;
• checking for duplicate forms that could indicate Social Security fraud;
• updating and re-verifying active forms and disposing of inactive forms; and.
• securing these documents so only authorized personnel has access.

This involves an enormous amount of detailed work and if one thing in the process is done incorrectly, it could trigger a government audit that could result in fines, penalties or even prison sentences. This web-based solution consists of two parts: it allows for the preparation, completion and submission of all I-9 documentation, and an E-Verify component which allows for immediate verification of employees’ identities and eligibility to work. Real time validation providing verification of information as it’s entered is an invaluable resource in this process. With this solution, companies have the ability to have their I-9 Forms prepared and completed electronically with digital signatures. It also offers:

• data tracking that informs employers when certain forms are about to expire or when further information is needed;
• digital storage of I-9 Forms and accompanying copies of supporting documentation such as drivers licenses, Social Security Cards and passports;
• easy access for immediate retrieval; and
• optimum security by requiring approval from multiple permission levels before access to the forms is allowed.

The Form I-9 software used in this web-based solution is totally integrated with the government’s Department of Homeland Security Employment Verification Program. It guides employers through the entire procedure flagging duplications and appearances of incorrect or suspicious entries. This completely automated process, which has improved efficiency as a result of error-free submissions and greater organization, has made an enormous contribution to helping companies remain in legal compliance with government regulations. Since it’s web-based there’s no software to install, and it’s a standardized process so it decreases chances of processing inconsistencies among workers, virtually eliminating employee error.

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The Washington Farm Bureau says immigration sources tell it that Immigration and Customs Enforcement sent I-9 audit notices to about 500 businesses around the nation on Sept. 15 and 16.

Some people are speculating that the notices are timed to quiet Obama administration immigration critics before the Nov. 2 general election, the Farm Bureau said in an e-mail to members. "I-9 audits are in line with the administration's general get-tough-on-business theme, which is playing well in the electorate. Expect more audits in coming months," the Bureau said in the e-mail. ICE Seattle spokeswoman Lorie Dankers said the federal agency routinely conducts I-9 audits of employers. "It's part of the agency's ongoing worksite enforcement strategy to ensure businesses are in compliance with U.S. employment laws," she said.

I-9 forms require job applicants to pick between several documents for verification of identity and citizen or immigration status. Employers cannot specify which documents applicants submit. Employers who accept documents that appear to be genuine and appear to relate to the job applicant have complied with the law, even if it later turns out the worker wasn't legal, the Farm Bureau said.

The Farm Bureau said it is planning training to help employers if they are audited. It said employers may have as little as three days to respond to audit notices. It advised employers who get notices to: notify the Farm Bureau, hire an attorney, immediately work on responding to the notice, try to negotiate an extension of time to deliver documents and make sure they have a policy on how employees respond to visitors. Asked if that's good advice, Dankers said, "I won't comment on the document put out by the Farm Bureau. We want businesses to cooperate and have complete records."

Gebbers Farms, a Brewster, Wash., tree-fruit company, laid off an undisclosed number of workers last December in response to ICE I-9 audits. Since then, U.S. Rep. Rick Larsen, D-Wash., has said Gebbers fired 1,200 workers because of the audit and spent $1.1 million transporting H-2A guestworkers to Brewster from Mexico and Jamaica. Gebbers was among 1,000 businesses nationwide that were audited last November.

In January, Dankers said 33 companies in Washington, 150 in California, four in Idaho and three in Oregon were being audited to determine if they knowingly hired illegal immigrants. Recently, she said ICE does not release audit results by state but provided nationwide statistics of two recent audit initiatives. In a Nov. 19, 2009, through July 31, 2010, initiative, ICE reviewed 136,136 I-9 forms, Dankers said. Of that, 7,796 forms contained suspect documents and 520 targeted businesses were found compliant or were adjusted into compliance, she said.

Forty-two notices of intent to fine, totaling $957,932, were sent out; 17 final fines were ordered totaling $138,310 and 438 cases are ongoing with outcomes pending, Dankers said. In a separate July 1, 2009, through July 31, 2010, audit initiative, 654 companies were inspected, 85,426 I-9 forms were reviewed with 16 percent suspect and 424 audits were closed by findings of compliance or warning with expected future compliance, Dankers said. Fifty-eight final orders to cease violations and pay fines were sent. Fines totaled $837,270. Another 117 notices of intent to fine totaling $4.3 million have been served, and additional cases are being considered, she said.

Statistics for both initiatives are subject to change pending outcomes of more cases, she noted. Numbers of cases and total fines went up and arrests and convictions went down over fiscal years 2008, 2009 and 2010, according to statistics Dankers released.

Original article can be found at:
http://www.capitalpress.com/washington/djw-ICE-100110

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