How to “ICE-Proof” Your Business

Employment expert explains how businesses can stay on the right side of immigration law

Last week, immigration officials descended on almost 100 7-Eleven stores in 17 states. They carried notices requiring owners of these establishments to produce hiring records for their employees within 3 days.

“These employment audits are part of President Donald Trump’s commitment to changing the face of immigration policy in this country,” says Rob Wilson, employment trends expert and President of Employco USA. “Businesses need to realize that this administration is taking immigration records very seriously, and if they fail to produce the proper paperwork when questioned, they could face fines or even criminal charges.”

Wilson says that states like California, Florida, Illinois, New Jersey, New York and Texas should be on special alert, as it is known that these are the states with the highest number of undocumented workers.

“President Trump is going to start by cracking down in places that are known to have a history of undocumented workers,” says Wilson. “And, he’s going to be tough on employers. Unlike past administrations which focused more on the workers themselves, Thomas Homan, acting director of Immigration and Customs Enforcement, promises a significant increase on work-site raids and he says that they will prosecute those who knowingly hire undocumented workers.”

The employment trends expert says that there are several things companies need to do in order to ensure that their businesses are “ICE-proof”:

  1. The most important step is to ensure that Forms I-9 are properly created when a worker is first hired. Form I-9 is used to verify the identity and ability of people to work in the United States. Staff should receive training to learn how to legally complete the form, inspect the person’s documents (e.g., driver’s license), and answer employee questions.
  2. Employers should also periodically coordinate Form I-9 self-audits to be conducted by a neutral and knowledgeable employee or vendor who is not part of the regular process. These audits will surface deficiencies with the actual Forms I-9 or the process itself.  If problems are discovered, the staff may need additional training.
  3. To complete the preparation, companies should also create inspection and raid day plans. Everyone from the receptionist to the HR personnel to the CEO should be ready for possible scenarios where ICE presents a criminal search warrant, administrative arrest warrant, or inspection notice. In some circumstances, the company can deny ICE immediate access to their private property and Forms I-9.

For more on this topic, please contact Rob Wilson at rwilson@thewilsoncompanies.com.

How Office Parties Need to Change After #MeToo

H.R. expert explains how Weinstein, Spacey and Lauer can impact our holiday festivities

After America’s perennial nice guy Matt Lauer was accused of sexual misconduct in the workplace, many people were left shocked. His name is just one of many in the ever-growing pile of powerful men who have been disgraced after their egregious (and sometimes criminal) behavior was brought to light by their female colleagues.

And now, many H.R. experts are saying massive changes need to take place in American workplaces if companies want to protect their employees and their reputation as a safe place to work, especially as it relates to office parties around the holidays.

“We need to be very careful around our choices this holiday season,” says Rob Wilson, H.R. expert and President of Employco USA. “As the #MeToo campaign proved, it would behoove us all to take a closer look at our behavior towards women in the workplace and beyond.”

So, what does Wilson recommend?

First, he says, no booze at the holiday party. “I know this is not going to be well-received by every employee, but the reality is that alcohol is a match which can ignite a powder-keg. You can still serve festive ‘mocktails,’ or serve coffee, cider and cocoa. Better yet, have your party early in the day, such as at brunch. People won’t be as likely to expect alcohol or a ‘wild’ atmosphere.”

Second, he advises that companies need to be careful when wording their dress code policy. “In the light of these sexual assault accusations, many people have blamed the victims and suggested that they invited the attention due to their dress or appearance. This has created a tricky line for employers to walk: You want to require appropriate clothing at your holiday party, but you also don’t want to contribute to such victim-blaming. Hence, when wording your dress code policies make sure to focus on your employees dressing professionally rather than modestly. The goal is not to police women’s bodies or suggest they mustn’t lead men astray, but to create a workplace in which every person is dressed appropriately for their position and title.”

Continue reading

The Five Rules of Holiday Gift-Giving in the Workplace

H.R. expert weighs in on the complicated etiquette of presents in the office

Exchanging holiday gifts in the workplace is often a tricky affair. The rules tend to be ambiguous, and expectations tend to vary widely from employee to employee. Luckily, there are several things that managers and H.R. personnel can do to make the holidays more joyful.

Rob Wilson, President of Employco USA and human resources expert says, “The biggest mistake I see is that managers think they shouldn’t weigh in on gift-giving. Yet employees want clear, concise guidelines. Some employees wonder: Should I give my boss a gift? And, if I don’t and everyone else does, what will they think of me? Others are strapped for cash yet feel obligated to give to everyone in the office, while some employees feel maligned because they are expected to give gifts when they don’t even celebrate the holidays.”

So, what is the answer? Wilson believes that a carefully crafted “gift-giving policy” is needed, and should be passed out to all new employees as well as circulated again at the holiday season. Possible tips to consider include:

  1. No gifts from supervisors to employees. “It could lead to the appearance of favoritism. “Christmas bonuses” and the like are a different matter, but managers should not be giving personal gifts to their staff, unless the same gift is given to each employee.”
  2. No direct presents between employees. “This is a good way to ensure that employees won’t feel left out or obligated to give gifts to everyone. Gifts among coworkers can be a financial strain, and it is also a drain on employee productivity. Instead, organize an office gift exchange. Those who wish to participate may do so, while those who do not can opt out without penalty or embarrassment. Set a gift price limit ($20, for example). Those who participate can receive a voucher from which they can select a gift at the holiday office party.”
  3. Holiday office parties are best if employee-only. “If you make your office party open to spouses, you could be looking at tricky situations regarding the ‘rules’ about bringing dates, i.e. Can it be a date from Tinder? Or, does it have to be a husband/wife? What if an employee identifies as asexual/romantic? What if an employee is gay or bisexual but not openly ‘out’ in the office? It’s best to simply avoid all these matters by making it employee-only. A simple brunch or lunch will suffice.”
  4. Think about what employees really desire. “It might be better to simply skip the office party altogether and instead update the office Keurig. Find ways to make work days more enjoyable and productive, and you will reap the benefit long after the holiday season has ended.”
  5. Don’t allow office charity collections. “Now is the time of year when employees start coming to work selling wrapping paper, popcorn and other sundries from their kids’ schools. Nix this as it can get out of hand quickly and easily become a distraction. Instead, work with a local charity or shelter in your area to make an office-wide donation. Place a bin in your office lobby where employees can donate if they so desire.”

For more on this topic, please contact Rob Wilson at rwilson@thewilsoncompanies.com.

HR Halloween Horror Stories

Halloween Costume Horrors 

Rob Wilson, President of Employco USA, was mentioned today in an article from The Society for Human Resource Management (SHRM). The following excerpt, and full article, provides tips and best practices to help employers avoid an HR nightmare during the Halloween season.

Employco would like to wish everyone a safe and happy Halloween!

A Holocaust victim. An anorexic woman. A flasher. A “tranny granny.”

Those are among the Halloween costumes now being sold at retail stores and online.

They may be OK for some parties. But when it comes to workplace Halloween festivities, don’t even think about going there.

What’s meant to be a lighthearted celebration of Halloween can—if not properly handled—devolve into an event that offends colleagues.

“Remind everyone to stay away from political, religious, overly revealing or gruesome costumes because those can easily offend people,” said Rob Wilson, president of Westmont, Ill.-based Employco USA, which offers human resource services to companies. “HR can have an extra box of appropriate and inexpensive costumes for people to change into if they come to work dressed inappropriately.”

(Continue reading…)

For more on this topic, please contact Rob Wilson at rwilson@thewilsoncompanies.com.

Here’s Why NFL Players Don’t Get to Plead “Free Speech”

Employment expert explains why employees should tread lightly when discussing politics

Wilson points to the recent termination of Google employee James Damore, who was given the ax because of an email ‘manifesto’ which became public. “Damore offended many people with his views about women and gender equality, and he ended up being terminated as a result,” says Wilson. “For many people, this was seen as an affront to free speech. Now, this issue is coming to light again in the NFL. Should players be punished for expressing their beliefs, or are employers within their rights to demand that they stand for the anthem or face termination as a result?”

The employment trends expert argues that the NFL owners could have a case for terminating their players’ contracts if the behavior can be proved to have a negative impact on their bottom line. “NFL ratings are down, as President Trump himself declared,” says Wilson. “If employers feel that the players’ protests is impacting their business, they will be within their rights to boot the player off the field. In fact, the contracts which players sign give owners plenty of leeway to fire them for any behavior they deem unbecoming, both on and off the field.”

In other words, says Wilson, the First Amendment cannot protect someone who has signed a contract promising to behave in accordance with their employer’s values. “For the average American, this means that your expression of free speech can come back and haunt you, whether it’s something you post on Facebook or a political discussion you have in the break room. If your employer has set forth certain points of decorum which you have agreed to, you can’t break those rules without consequence, whether you’re a server wearing a ‘Black Lives Matter’ pin or a lawyer making sexist jokes online.”

For more on this topic, please contact Rob Wilson at rwilson@thewilsoncompanies.com.

The Jim Fannin Show, Podcast

Rob Wilson, President of Employco USA, was recently a guest on Jim Fannin’s weekly podcast, The Jim Fannin Show. Jim Fannin is the World’s #1 Coach of Champions & America’s ZoneCoach, with over 40 years of coaching experience. Each week, Jim focuses the show on the peak performance mindset called the Zone.

“On this episode, Rob shares his story of coincidentally meeting Jim Fannin on a golf course in a torrential rainstorm when he was at a mental crossroad of balancing his work, family and overall life. It was this life-changing encounter that resulted in Jim training Rob to attract the Zone in all facets of his life.”

Read more and listen now:

Should Google Be Allowed to Fire Employees for Their Beliefs?

Human resources expert weighs in

Google FiringThe recent controversy over the now infamous Google Memo (and the author’s subsequent firing) has many Americans wondering if free speech is allowed in the workplace. What rules govern our ability to express ourselves in the office, and was the termination of the senior software engineer fair?

Rob Wilson, President of Employco USA and human resources expert, says, “Google ultimately decided to fire employee James Damore because they said that his memo advanced harmful gender stereotypes, stereotypes which were offensive towards Google’s female staff and clients. However, many people are furious with Google’s decision, saying that it proves free speech is no longer allowed in the American workplace.”

Wilson further says, “Damore did not send this memo to his friends or family, or even post it on his own social media. He used company property to send this memo to his coworkers. This gives Google the grounds to fire him, as he is expressing controversial beliefs on company time and distracting his coworkers with his opinions.”

Whether or not you agree with Damore’s opinions, the fact remains employers have the right to prevent and punish speech which is political and divisive in nature. “Whether it’s an email saying nasty things about President Trump or an email complaining about diversity hiring, employees need to be cognizant of the fact that free speech does not mean freedom from consequences. If your employer finds your opinions to be distracting and offensive to other employees, they are within their rights to reprimand you for this.”

For more on this topic, please contact Rob Wilson at rwilson@thewilsoncompanies.com.