Labor and Employment Law Weekly Update

27 September 2010 Publication
Authors: Anita M. Sorensen

Legal News: Employment Law Update

EEO-1 and VETS-100 Reports Are Due September 30

This is a reminder that September 30, 2010 is the deadline for EEO-1 and VETS-100 reports filings, and there are several rules and requirements regarding such reports.

Organizations that employ 100 or more employees or organizations that employees 50 or more employees and maintain federal contractors or subcontracts of $50,000 or more must timely file EEO-1 reports (which includes race/sex data and occupational data by job categories during a selected payroll period in the year). Such reports may be submitted electronically (http://www.eeoc.gov/employers/eeo1survey/index.cfm) or by data file that meets the requirements described at http://www.eeoc.gov/employers/eeo1survey/datafile.cfm or by paper requests (only in extreme cases where Internet access is not available to the employer). Payroll period dates must be for one payroll period from the third quarter (July through September) in the current reporting year. Beginning with the 2009 EEO-1 survey, completion of the “Employer Grid for All Type 6 Records” is no longer required. However, employers must enter employment data for all company employees to the Type 2 (Consolidated Report). More information is available at Joint Reporting Committee at 866.286.6440 or e1.techassistance@eeoc.gov. Consequences for not filing the required EEO-1 survey may include an order compelling filing or potential termination of the federal government contract and debarment from future federal contracts.

Federal contractors and subcontractors with contracts that total at least $25,000 per year and whose contract was entered into prior to December 1, 2003 must timely file VETS 100 form (which includes report of the number of veteran employees and the number of new hires), and those with contracts that total at least $100,000 per year must timely file VETS-100A form. Such reports may be submitted electronically at http://www.dol.gov/vets/programs/fcp/main.htm or the forms mailed or submitted on a properly formatted disk. For the “number of employees,” any pay period during the third quarter (July through September) of the reporting year may be selected. For “new hires,” use the 12-month period prior to the pay period used to report the number of employees. Employees with federal contracts entered into before or after December 1, 2003 that reach the designated dollar threshold are required to complete both forms. More information is available at 301.586.1580 or helpdesk@vets100.com. Failure to file required VETS 100 form may include forbidding federal contracting officers to award or modify federal contracts.

More Tips for Ensuring I-9 Compliance

As Immigration Customs and Enforcement (ICE) (http://www.ice.gov) and the Office of Special Counsel (OSC) continue to bear down on employers through I-9 investigations and fines, it is critical that employers review their I-9 procedures to ensure compliance. In prior Employment Law Updates, we have provided you with tips on achieving good I-9 compliance. We are back with more tips to help employers in this complex area of Form I-9 Employment Eligibility Verification (http://www.uscis.gov/files/form/i-9.pdf).

  1. Do review the List of Acceptable Documents (http://www.uscis.gov/files/form/i-9.pdf) and confirm that the document presented by the employee is on the list, appears reasonably genuine on its face, and relates to the employee named in Section 1 of the Form I-9. Do confirm that the document is in the correct category (e.g., no multiple identity documents presented or documents that are not on list). Remember for initial completion, the new hire must show a List A document OR a List B document and a List C document. For reverification, the employee must show a List A document or List C document.
  2. Do review the employee’s section 1 promptly after completion. Contact the employee to address corrections. Although this is the employee’s section, ICE holds the employer responsible if it is not completed. Do ensure that the employer completes Section 2 (or Section 3 if reverification) fully and in the correct sections. Photocopying documents is not a substitute for completing the I-9 Form.

    CAVEAT: Unless you are an E-Verify employer, the Social Security Number question in Section 1 is optional for the employee to answer.
  3. Do fix mistakes. Identify incomplete and inaccurate I-9 Forms. Correct deficiencies on existing I-9 Forms if possible.
    • Employee must write the correction (e.g., line through incorrect entry and enter correct data), date the correction, and initial the changes
    • Employer must write the correction (e.g., line through incorrect entry and enter correct data), date the correction, and initial the changes
    • Employer must write the correction and note correction as stated above
    • Do not use liquid paper on the I-9 Form and do not backdate
  4. Do treat all employees the same for I-9 completion. Follow the same procedures for all as to the timing of I-9 completion, the copying of documents, the choice of documents that may be presented, and the I-9s covered by internal audits.
  5. Do create a tickler system to remind the employer of reverifications, but do not record that tickler system on the I-9 Form. In general, do not make notes on the I-9 Form (other than the E-Verify confirmation number, if applicable).

Please contact a member of Foley’s Labor & Employment team with questions or for further information about I-9 compliance and the government’s current enforcement initiatives.


Legal News is part of our ongoing commitment to providing legal insight to our clients and colleagues. If you have any questions about or would like to discuss these topics further, please contact your Foley attorney or any of the following individuals:

Authors

John Yslas

Los Angeles, California
213.972.4659
jyslas@foley.com  

Anita Sorensen
Madison, Wisconsin
608.258.4253
asorensen@foley.com  

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