Tag: employers

  • DOL allows employers to self-correct 401(k) errors

    DOL allows employers to self-correct 401(k) errors

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    Employers can soon self-correct certain retirement plan contribution errors, thanks to federal regulations published Wednesday.

    Beginning March 17, employers may use a self-correction tool to “remedy delays in sending participant contributions, such as employee payroll deductions, and participant loan repayments to retirement plans,” according to a U.S. Department of Labor announcement.

    When the change was proposed two years ago, a business-side attorney said employers would likely welcome the option to self-correct as it would streamline the process.

    The correction program may allow employers and other plan officials to avoid certain civil enforcement actions and penalties under the Employee Retirement Income Security Act and the Internal Revenue Code, DOL said.

    “The Employee Benefits Security Administration is pleased to provide these improvements to our Voluntary Fiduciary Correction Program so that employers and other plan officials can take advantage of streamlined tools to correct legal violations, and America’s workers get full protection for their hard-earned benefits,” said Assistant Secretary for Employee Benefits Security Lisa M. Gomez in a statement.

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  • DHS Announces Proposed Pilot Program for Non-E-Verify Employers to Use Remote I-9 Document Examination – CUPA-HR

    DHS Announces Proposed Pilot Program for Non-E-Verify Employers to Use Remote I-9 Document Examination – CUPA-HR

    by CUPA-HR | August 9, 2023

    On August 3, 2023, the Department of Homeland Security (DHS) published a notice in the Federal Register seeking comments on a potential pilot program to allow employers not enrolled in E-Verify to harness remote examination procedures for the Form I-9, Employment Eligibility Verification.

    Background

    DHS’s recent actions are built upon a series of moves aimed at modernizing and making more flexible the employment verification process. On July 25, 2023, the DHS rolled out a final rule enabling the Secretary of Homeland Security to authorize optional alternative examination practices for employers when inspecting an individual’s identity and employment authorization documents, as mandated by the Form I-9. The rule creates a framework under which DHS may implement permanent flexibilities under specified conditions, start pilot procedures with respect to the examination of documents, or react to crises similar to the COVID-19 pandemic.

    Alongside the final rule, DHS published a notice in the Federal Register authorizing a remote document examination procedure for employers who are participants in good standing in E-Verify and announced it would be disclosing details in the near future about a pilot program to a broader category of businesses.

    Key Highlights of the Proposed Non-E-Verify Remote Document Examination Pilot 

    DHS’s proposal primarily revolves around the following points:

    • Purpose: Immigration and Customs Enforcement (ICE) intends to gauge the security impact of remote verification compared to traditional in-person examination of the Form I99. This involves evaluating potential consequences like error rates, fraud and discriminatory practices.
    • Pilot Procedure: The new pilot program would mirror the already authorized alternative method for E-Verify employers, including aspects such as remote document inspection, document retention and anti-discrimination measures.
    • Eligibility: The pilot program is open to most employers unless they have more than 500 employees. However, E-Verify employers are excluded since DHS has already greenlit an alternative for them.
    • Application Process: Interested employers must fill out the draft application form, which DHS has made available online. This form captures details like company information, terms of participation, participant obligations, and more.
    • Information Collection: Employers wishing to join the pilot would be required to complete the formal application linked above. ICE would periodically seek data from these employers, such as the number of new hires or how many employees asked for a physical inspection.
    • Documentation: Participating companies must electronically store clear copies of all supporting documents provided by individuals for the Form I-9. They might also be required to undertake mandatory trainings for detecting fraudulent documents and preventing discrimination.
    • Onsite/Hybrid Employees: Companies might face restrictions or a set timeframe for onsite or hybrid employees, dictating when they must physically check the Form I-9 after the initial remote assessment.
    • Audits and Investigations: All employers, including pilot participants, are liable for audits and evaluations. DHS plans to contrast data from these assessments to discern any systemic differences between the new method and the traditional one.

    What’s Next: Seeking Public Comments by October 2 

    DHS is actively seeking feedback from the public regarding the proposed pilot and the draft application form. The department encourages stakeholders to consider and provide insights on the following points:

    • Practical Utility: Assess if the proposed information requirement is vital for the agency’s proper functioning and whether the data collected will be practically useful.
    • Accuracy and Validity: Analyze the agency’s estimation of the information collection’s burden, ensuring the methods and assumptions are valid.
    • Enhance Information Quality: Offer suggestions to improve the clarity, utility and overall quality of the data collected.
    • Minimize Collection Burden: Propose ways to ease the data collection process for respondents, exploring technological solutions such as electronic submissions.

    In light of this, CUPA-HR plans to carefully evaluate the notice and associated application. Based on its review, CUPA-HR is considering submitting comments to provide valuable insights to DHS. CUPA-HR will keep members apprised of any updates regarding this proposed pilot program and other changes to Form I-9 alternative examination procedures.



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  • ICE Gives Employers Until August 30 for In-Person Form I-9 Verification After COVID Flexibilities Expire – CUPA-HR

    ICE Gives Employers Until August 30 for In-Person Form I-9 Verification After COVID Flexibilities Expire – CUPA-HR

    by CUPA-HR | May 10, 2023

    On May 4, 2023, U.S. Immigration and Customs Enforcement (ICE) announced it will provide employers with 30 days to reach compliance with Form I-9 requirements after the COVID-19 flexibilities sunset on July 31, 2023. Employers will now have until August 30, 2023, to complete all required physical inspections of identity and employment-eligibility documents. This extension aims to ease the transition for employers who have been using the temporary flexibilities throughout the pandemic.

    Background 

    In March 2020, ICE introduced the temporary flexibilities in response to the COVID-19 pandemic, allowing employers to review employees’ identity and employment authorization documents remotely, rather than in person. This virtual inspection was to be followed by a physical examination within three business days after normal operations resumed. The flexibilities were extended several times, with the most recent extension set to expire on July 31, 2023.

    During the pandemic, employers with employees taking physical-proximity precautions were allowed to temporarily defer physical examination of employees’ identity and employment authorization documents. Remote examination methods, such as video link, fax or email, were permitted, with “COVID-19” entered as the reason for the physical-examination delay in the Section 2 Additional Information field on the Form I-9. Once the employees’ documents were physically examined, employers would add “documents physically examined” with the date of examination to Section 2 or Section 3 of the Form I-9, as appropriate.

    The recent announcement clarifies that employers have until August 30, 2023, to perform all required physical examinations of identity and employment-eligibility documents for individuals hired on or after March 20, 2020, who have received only a virtual or remote examination under the flexibilities.

    What’s Next 

    On August 18, 2022, ICE issued a proposed rule to allow alternative procedures for examining identity and employment-eligibility documents. CUPA-HR submitted comments to ICE encouraging it to move forward expediently and ensure that a remote review process remains available for all employers. The public comment period closed on October 17, 2022, and DHS is currently reviewing the comments. While the Fall 2022 Regulatory Agenda had forecast a final rule to be issued in May 2023, ICE’s announcement indicates a final rule will be issued later this year.



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  • USCIS Proposes Fee Rule With Significant Increases for Employers – CUPA-HR

    USCIS Proposes Fee Rule With Significant Increases for Employers – CUPA-HR

    by CUPA-HR | January 19, 2023

    On January 4, 2023, U.S. Citizenship and Immigration Services (USCIS) issued a proposed rule to adjust certain immigration and naturalization benefit request fees, which would result in significantly higher fees for employment-based petitioners. USCIS last adjusted fees in 2016, but the most recent fee review conducted by the agency determined that the 2016 fees are insufficient to cover the agency’s operating costs. Unlike other government agencies that receive the majority of their funding through congressional appropriations, USCIS receives approximately 96 percent of its funding from filing fees. USCIS claims that the increased fees will “allow USCIS to more fully recover its operating costs, reestablish and maintain timely case processing, and prevent the accumulation of future case backlogs.”

    While the proposal is nearly 500 pages long and has significant implications for both employment-based and family-based filings, this blog post focuses on the most significant implications for higher ed employers. Of significance for higher ed employers is a new proposal to fund the Asylum Program with employer petitions fees. Specifically, USCIS “proposes a new Asylum Program Fee of $600 be paid by any employers who file either a Form I-129, Petition for a Non-immigrant Worker, or Form I-140, Immigrant Petition for Alien Worker.”

    In addition to the new Asylum Program Fee, USCIS is proposing to increase almost all employment-based and employment-based “adjacent” filing fees. A full fee schedule can be found in Table 1 of the preamble to the proposal and includes the following highlights:

    • Fees for I-129 Petitions for H-1B workers rose 70 percent, from $460 to $780;
    • Fees for I-129 Petitions for L-1 workers rose 201 percent, from $460 to $1,385;
    • Fees for I-129 Petitions for O-1 workers rose 129 percent, from $460 to $1,055;
    • I-765 Employment Authorization (EAD) application fees were structured in a way to encourage online applications by providing a discount for online filings. Online applications will be priced at $555, regardless of whether the individual needs their biometrics, whereas paper-based filings will be $650.
    • Changes made to the I-539 fees for applications to extend/change non-immigrant status were similarly structured to the I-765 changes. Online applications will be priced at $525, whereas paper-based applications are rising to $620.
    • I-485 Adjustment of Status applications uniformly rose to $1,540. For those interested in applying for adjustment of status and a travel document (I-131), those fees will be $2,170 for electronic applications and $2,190 for paper-based applications. Lastly, for those looking to concurrently file for a status adjustment, a travel document and an EAD (I-765), that will cost $2,820.

    In addition to the aforementioned changes, USCIS is also proposing to revise the premium processing timeframe interpretation from calendar days to business days. Currently, premium processing allows petitioners to receive an adjudicative action on their case within 15 calendar days. Changing the interpretation to business days would add nearly a week to the existing adjudication time.

    As mentioned earlier, the fee proposal is nearly 500 pages long and as such includes numerous changes not covered in this blog post. CUPA-HR will continue to evaluate the proposal, which is open for public feedback through March 6, 2023, and plans to join with other higher education associations to submit comments identifying the proposals impact to the higher education community.



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  • New Research Finds Higher Ed Institutions Are at Risk of Losing Supervisors to Other Employers – CUPA-HR

    New Research Finds Higher Ed Institutions Are at Risk of Losing Supervisors to Other Employers – CUPA-HR

    by CUPA-HR | January 11, 2023

    As previous research from CUPA-HR has shown, America’s colleges and universities are in the midst of a talent crisis, as many employees are considering other employment opportunities due to a number of factors. As a follow-up to the initial findings of CUPA-HR’s 2022 Higher Education Employee Retention Survey, CUPA-HR has released new findings focused specifically on those in supervisory roles, and the data show that many supervisors are overwhelmed, under-resourced, and struggling to fill positions and maintain morale.

    The newly published report, The CUPA-HR 2022 Higher Education Employee Retention Survey: Focus on Supervisors, explores supervisors’ likelihood of looking for new employment, their current challenges and working environments, and which job aspects specific to supervisors are associated with their retention. The report analyzes data from the 3,815 higher ed administrators, professionals and non-exempt staff, most (57 percent) of whom were supervisors, who responded to CUPA-HR’s 2022 Higher Education Employee Retention Survey.

    Findings

    Higher ed supervisors are looking for other employment opportunities, and less than half would seek new opportunities at their current institution. Nearly two in five (36 percent) supervisors indicate they are likely to look for other employment in the next 12 months, and only 40 percent say they would seek job opportunities at their current institution. The most common cited reason for seeking other employment is pay.

    Most higher ed supervisors work long hours and have absorbed more duties since the onset of the COVID-19 pandemic. Data show that supervisors are more likely than non-supervisors to work additional hours. Fewer than half (47 percent) of non-supervisors work more hours than what is considered full-time. However, 89 percent of area supervisors and 76 percent of other supervisors work more hours per week than what is considered full-time at their institution. Additionally, supervisors are more likely than non-supervisors to agree that they have absorbed additional responsibilities of other staff who have left the institution since the onset of COVID-19. Supervisors are also more likely than non-supervisors to report that they experienced an increase in job expectations since the start of the pandemic.

    Filling positions and maintaining morale are supervisors’ top challenges. As shown in the figure below, almost two-thirds (63 percent) of supervisors indicated they find filling positions very challenging and over half (54 percent) found maintaining staff morale very challenging.

    Higher ed supervisors report a lack of adequate training and support. Only three in five supervisors agree that they have resources and support in their supervisory role. Less than half (46 percent) agree that they have been provided with adequate management training for their supervisory role. However, when supervisors have more resources and support in their supervisory roles, more power to advocate for their staff, more power to allow flexible schedules, and more power to allow their staff to work remotely, they are less likely to seek other employment.

    Implications of Supervisor Turnover and How to Combat It

    Turnover in any role can impact an institution due to loss of talent, institutional knowledge and team or interdepartmental rapport. However, turnover in a supervisor role has more far-reaching implications. Supervisor turnover also impacts direct reports, who must adjust to a new supervisor and may need to adapt to new team priorities and vision. Loss of supervisors also equates to a loss of leaders who are key to succession plans.

    In light of what the data show, there are several actions higher ed institutions can take to keep their supervisors:

    • Provide supervisors with resources and support in their capacity as supervisors, particularly around filling empty positions and managing staff morale.
    • Ensure supervisors have the ability, knowledge and resources to advocate for their staff.
    • Give supervisors more autonomy to determine their staff’s working arrangements, as the data show that supervisors who have more power to allow their staff to work remotely and have flexible schedules are less likely to seek other employment.
    • Commit to reducing supervisor workload.
    • If possible, raise salaries for supervisors (but not at the expense of non-supervisors).

    For a deeper look into the data, read the full report.

    Note: In the findings, “area supervisors” refer to those supervisors who are the top-most leaders in their department, units or areas (self-identified in the survey; 26 percent of respondents). “Other supervisors” are those who self-identified as having at least one direct report but were not the top-most leader in their department (31 percent of respondents). “Non-supervisors” are those employees who have no direct reports (43 percent of respondents).

    CUPA-HR Research

    CUPA-HR is the recognized authority on compensation surveys for higher education, with its workforce surveys designed by higher ed HR professionals for higher ed HR professionals and other campus leaders. CUPA-HR has been collecting data on the higher ed workforce for more than 50 years, and we maintain one of the largest workforce databases in existence. CUPA-HR also publishes numerous research publications and interactive graphics highlighting trends and issues around higher ed workforce planning, pay equity, representation of women and racial/ethnic minorities and more. Learn more about CUPA-HR research.



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