Another whirlwind week is over, and it’s time to celebrate the weekend! This week I mixed things up a little with a Q&A format. If you like it and have a burning question about HR or compliance, send it to firstname.lastname@example.org. Maybe you’ll be featured in a future Q&A edition of Fridays with Frank!
Is that really you? One of my favorite topics is Form I-9 compliance—I’m already excited for the 2020 I-9 Palooza in Nashville, TN! So, when friends have I-9 questions, who else would they call? Our first question: When hiring remote employees, can the employer use Skype, FaceTime, etc. to view the employee’s documents used for Section 2 verification? (I’ll give you a minute to ponder…) The answer is a resounding no! The rules are the same for every employee you hire. The I-9 instructions state that employer, or authorized representative, must physically examine the employee’s unexpired document(s), which are proof of their identity and right to work in the US, with the employee physically present. Before you sign Section 2, look at what it says; “I attest, under penalty of perjury, that (1) I have examined the document(s) presented by the above-named employee, (2) the above-listed document(s) appear to be genuine and to relate to the employee named, and (3) to the best of my knowledge the employee is authorized to work in the United States.” Does that make you nervous? Maybe it’s time we take a look at your company’s I-9 process and forms before ICE stops by for a very costly visit.
Can you spell FLSA? Our next question comes from Perplexed in Peoria: I own an office cleaning business, and to keep things simple, I pay everyone a weekly salary. Last week my new bookkeeper said according to some fair labor law I have to pay her and most of the employees by the hour, with overtime when they work more than 40 hours. Is this fair labor thing new? My employees like getting paid the same amount every week, so what’s the big deal? Dear Perplexed, I’m perplexed that you haven’t heard of the Fair Labor Standards Act, or FLSA, it’s been around since 1938. Based on your industry, I’m guessing most or all of your employees are “nonexempt.” That means they must be paid at least minimum wage (state or federal, whichever is higher) on an hourly basis, with overtime of 1½ times their regular hourly rate of pay for all time worked over 40 hours in a workweek. I’m sorry to say, your payroll is about to get more complicated. But, on the bright side, your new employee sounds like a real “keeper!” Hahaha! Get it…she’s a bookkeeper!
Let’s talk turkey After thinking long and hard, I’ve decided next week will be a Friday without Frank. For me, Thanksgiving is about being with the people I love most. So, Becky and I will be enjoying some time with the people we’re most thankful for; our son and his wife, our daughter, our awesome grandson, and some very extraordinary friends.
Happy Thanksgiving from the HR Compliance Experts Team!
Thanks for spending a small part of your day with me, and have a great weekend!
Please feel free to contact Frank at email@example.com, or 585-380-1566 with questions or for more information.
Disclaimer: This content is for informational purposes only, does not constitute a legal opinion, and is not legal advice. The facts of each situation should be considered and analyzed individually. Therefore, you should always consult with competent employment counsel regarding any issues discussed here.
CLICK HERE to learn more about Frank Cania and HR Compliance Experts LLC.