Welcome to HR Presents

1. Welcome to HR Presents February 17, 2016 10:30 am – 11:45 am Milton Hall | Room 185

2. Welcome & Introductions

3. I9 – Verification of Eligibility to Work in the United States Presented by: Kathy Agnew Director, Employment & Comp Services

4. I9 – Verification of Eligibility to Work in the United States • I9 • Non-Compliance • Risk Factors • How Do We Become Compliant

5. I9 – Verification of Eligibility to Work in the United States

6. I9 – Verification of Eligibility to Work in the United States Document Abuse - Document abuse can be broadly categorized into four types of conduct: • Improperly requesting that employees produce more documents than are required by Form I-9 to establish the employee’s identity and employment authorization; • Improperly requesting employees present a particular document, such as a “green card,” to establish identity and/or employment authorization; • Improperly rejecting documents that reasonably appear to be genuine and belong to the employee presenting them; and, • Improperly treating groups of applicants differently when completing Form I-9, such as requiring certain groups of employees who look or sound “foreign” to produce particular documents the employer does not require other employees to produce. Document Fraud - It is unlawful for any person or entity knowingly: • To forge, counterfeit, alter, or falsely make any document for the purpose of satisfying a requirement of this chapter or to obtain a benefit under this chapter,

7. I9 – Verification of Eligibility to Work in the United States • Culture of submitting the hiring action after the start date. This likely resulted from “lag” payroll, which, even when action is submitted after the hire date, allows the employee to be paid “on-time”. • Delays notifications of missing I9s.

8. I9 – Verification of Eligibility to Work in the United States • Audit – • NMSU has been cautioned by immigration attorneys that it is not a matter of if we will be audited but when! • Audit would consist all NMSU employment types, and depending on date of hire, will go back to as far as 1987! • We have a significantly hire percentage of non-compliant completed I9 forms • Primary Risk Factors – • Backdating hiring actions – our evaluation indicates that due to the large numbers of hiring actions submitted after the job start date are resulting in non-compliant I9 • Allowing employees to continue to work past the 3 day requirement for verification of eligibility to work in the United States

9. I9 – Verification of Eligibility to Work in the United States • How can we become more compliant – • Change the culture of allowing late hiring actions. • Institute a mandatory Form I9 Training for those individual’s assigned to certify. • CLPD has implemented an on-line I9 Training course • USCIS has same/similar training available at https://www.uscis.gov/i-9-central/complete-and-correct-form-i-9. • The instructions to properly complete the I9 are included with the form itself. • Employment and Compensation Services HR Specialist Danielle Cadena can provide you information and assistance by calling her at (575) 646-8000 or emailing teamhrs@nmsu.edu.

10. I9 – Verification of Eligibility to Work in the United States • What are the most important things to remember about I9 – • The employee must complete Section 1 of the I9 no later than the start date of employment. • This date is based on the hiring action you submit and the start date entered into banner and not the first date that the employee actually works. • You can ask the employee to complete prior to the start date only if you have made an official offer of employment and that offer has been accepted. • The employer must complete Section 2 of the I9 no later than 3 business days of the employee’s first day of employment (start date in banner). • The individual who verifies the documents, must be the person to complete the certification. • You must examine the actual documents in person. You cannot certify copies of documents sent to you.

11. Healthcare reform update Presented by: René Yoder Director, Benefit Services

12. Healthcare Reform • Mandatory reporting – health coverage • NMSU is required to provide notice (1095-B/1095-C) to individuals who meet certain criteria to show proof of enrollment on health coverage or offer of health coverage, depending on circumstances. • An E-mail was sent to all regular employees on February 12th regarding this notice.

13. Healthcare Reform • Cadillac Tax • Postponed to 2020 (originally to be implemented in 2018) • Auto Enrollment • Postponed until further notice

14. Fmla training update Presented by: René Yoder Director, Benefit Services

15. FMLA Training • Supervisors • Existing • Completed for 2015 • Need to complete refreshers in 2016, 2017 and 2018 • New • Must be completed within 6 months of job start date • Need to complete refreshers in 2016, 2017 and 2018

16. FMLA Training • Process reminder • Department • Send employee name and Aggie ID whenever the supervisor has knowledge of possible FMLA even • Must send for every event, no matter how many occur in the year • Continue to refer employee to HR for assistance, even if leave is not being requested at the time • HR will provide information as to what PAFs are needed; however the supervisor needs to determine when LWOP should begin and submit appropriate PAF

17. FMLA Training • Process reminder (continued) • 9 month faculty • Send employee name and Aggie ID whenever the supervisor has knowledge of possible FMLA even • Must send for every event, no matter how many occur in the year • Continue to refer employee to HR for assistance, even if leave is not being requested at the time • HR will provide complete all necessary PAFs but must coordinate dates of leave with supervisor/faculty member to ensure accuracy • Faculty care leave hours will be used first, then the faculty member will be placed on leave without pay when necessary

18. FMLA Information/Contact http://benefits.nmsu.edu/leave-holidays/fmla/ fmla@nmsu.edu Toni Lavor 575-646-1546 Jacalyn Epperson 575-646-3637

19. Employee Performance Evaluations Presented by: Brandon Masters HR Specialist Inter

20. CLOSING REMARKS & ADJOURNMENT