Issue link: http://www.insightdigital.biz/i/145038
bac k o ffic e Ready to work Experts advise employers to keep eye on immigration changes By MaryBeth Matzek Employers will need to set aside more time in the hiring process if proposed immigration reform makes it through Congress and earns President Obama's signature. While the legislation remains under discussion, a final version will likely include substantial reforms to make sure businesses are hiring only people who can legally work in the United States, says Geoff Lacy, an attorney with Davis & Kuelthau, S.C. in Green Bay. One big change that looks to be coming is an across-the-board adoption of E-Verify, an online system that allows businesses to determine the eligibility of their employees to work in the United States. While the program is free for companies to use, it does create another step in the hiring process. "The legislation changes are coming fast and furious, but an important message is being sent – this is an important, hot button issue," he says. Whatever happens in Washington, employers should take this opportunity to check their current hiring practices and make sure they are compliant. Diane Biersteker, president of Human Resources Consulting LLC in Green Bay, says the first step all businesses need to take is to make sure they have an application with the question asking the applicant if he or she is legally able to work in the United States. Then on the first day of work, the employee needs to completely fill out an I-9 form, and the company needs to verify that information with the Social Security Administration. "All candidates and new hires must go through this process consistently, since both failure to ensure legal employment status and over-scrutiny can get you in trouble," says Biersteker, who works with businesses as an extension of their HR department. By law, new employees need to fill out an I-9, but there's no system in place to make sure the information being presented is accurate. For example, an employee may be using someone else's Social Security number. E-Verify will prevent that since it compares the documents presented with ones in a database. "Very few employees properly and accurately fill out the I-9s," Lacy says. "All employers need to pay more attention to the I-9s and how they are being filled out." Biersteker says equal treatment is a must when it comes to the hiring process. If companies treat a minority applicant different from a white applicant – because they suspect that person may be an illegal immigrant – that could lead to legal trouble. "Be consistent with all employees. Treat those named Jane, Tom and Harry the same as you would someone named Jose, Phon, or Enrico," she says. "If there is ever a concern continued > w w w.in s i g h t o n m f g . c o m July 2013 • "All candidates and new hires must go through this process consistently, since both failure to ensure legal employment status and overscrutiny can get you in trouble." – Diane Biersteker, president of Human Resources Consulting LLC, Green Bay / insight on manufacturing | 17