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Legislative Issues
RI State Legislative Alert: House Passes H. 7107 Which Would Mandate That All RI Employers Participate in Federal E-Verify System
H. 7107, which would mandate that all Rhode Island employers participate in the federal
E-Verify electronic employment verification system, was passed in the Rhode Island House of Representatives on April 29, 2008, and has been sent to the Senate Labor Committee. Rhode Island SHRM urges you to continue to oppose this legislation.
H. 7107 would mandate that all Rhode Island employers to participate in the federal E-Verify electronic employment verification system, which is currently a voluntary program administered by the U.S. Department of Homeland Security. Specifically, this measure mandates that each non-governmental employer in the state apply to participate in the program for the purpose of verifying the work eligibility status of each of the employer's newly hired employees.
The legislation stipulates that an employer with 200 or more employees shall apply to participate in the program no later than January 1, 2009; employers with at least 50 employees, but fewer than 200 employees, shall apply to participate in the program no later than July 1, 2009; and an employer with fewer than 50 employees shall apply to participate in the program no later than July 1, 2010. Additionally, employers who fail to apply for the program by these deadlines will be subject to monetary penalties as high as $5,000, depending on the employer’s size.
The current federal verification system, commonly known as E-Verify, is a voluntary system and was designed to verify employment electronically just as the proposed legislation intends.
Talking Points
Rhode Island SHRM agrees that the desire to proactively deter illegal immigration by ending unauthorized employment is both understandable and laudable, and we endorse the concept of a secure, reliable federal electronic employment verification system. However, E-Verify is far from foolproof and is not ready to meet the challenge of massively increasing its participant level as more and more states begin requiring participation. Employers should not be forced to participate in a voluntary program until the Federal government provides assurances that the system works. Other key concerns to HR professionals include:
- Federal Preemption – The federal government and not the states should be responsible for establishing the requirements for verifying employment eligibility under our nation's immigration laws. Although well-intentioned, a state mandate as proposed under H. 7107 SUB A is confusing and costly for Rhode Island employers and undermines the goals of an effective national system.
- Inadequate System Capacity – H. 7107 SUB A mandates all Rhode Island business entities to apply and eventually participate in E-Verify (formerly called 'Basic Pilot") to verify a new hire's eligibility for employment. As of June 2007, the Department of Homeland Security (DHS) and the Social Security Administration (SSA) have not resolved ways to reduce processing delays. The majority of E-Verify queries are confirmed within seconds, yet about eight percent can't be confirmed and these can take several days or, in some cases, weeks to resolve, putting employers in a difficult situation and subjecting thousands of legal workers to potential job loss and/or lengthy delays as they attempt to navigate the federal bureaucracy.
- Susceptibility to Identity Fraud - E-Verify does not even address identify fraud issues where individuals present borrowed or stolen genuine documents. This is a growing problem that puts employers, including small businesses, in the business of immigration enforcement.
- Additional Administrative Burdens – While H. 7107 SUB A mandates large Rhode Island businesses to begin using E-Verify to confirm the employment eligibility of new hires effective January 1, 2009 (with smaller businesses phased-in later), Rhode Island employers would still be required to continue to attest on the Federal form I-9 that he or she had examined the new hire's employment and identification documents to ensure authenticity, resulting in double-work for Rhode Island employers.
- Employer Accessibility – The E-Verify program is accessible only through the Internet which many small employers in Rhode Island may not have access to.
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Conflicting Statutes - The legislative language of H. 7107 SUB A is ambiguous about termination procedures that relate to a 'non-confirmed" status being returned by the U.S. Department of Homeland Security
Mandating employers to participate in the E-Verify program without it being fully functional will cause a huge burden for Rhode Island employers attempting to verify their new hires. Employers want an accurate, fair and timely federal electronic employment eligibility verification system. However, they should not be forced (under threat of monetary penalties) to participate in a program that has been shown to be less than 100 percent efficient in supplying accurate and timely information to employers.
Action Needed
Call Your State Representative – Follow this link: http://www.sec.state.ri.us/vic/, which will direct you to your state's legislative website. Once on the site, insert your zip code and you will be provided with your legislator-specific information.
Write Your State Representative – If you are not a member of SHRM, please e-mail your state elected officials today. Use the link at the bottom of this article to view, print, or copy a sample letter which you may feel free to use for sending your e-mail message.
SHRM members may use HRVoice by following these steps:
- Log onto SHRM Online by clicking here.
- Sign in using your SHRM member number and last name.
- Click on "Governmental Affairs," then go to "HRVoice" on the left side of your screen.
- Choose "Write your elected officials."
- Click on "Oppose H.R. 7107, Mandating Participation in the Federal E-Verify Employment Verification Program for All Rhode Island Employers" under the heading "Take Immediate Action on these Hot Issues."
Link to printer-friendly web page with sample letter on H. 7107 SUB A
SHRM Federal Legislative Alert: H.R. 5515, "New Employee Verification Act" (NEVA)
On May 6, SHRM CEO Sue Meisinger will appear before the House Ways and Means' Subcommittee on Social Security to testify in support of H.R. 5515, "New Employee Verification Act" (NEVA).
This important bipartisan piece of legislation, sponsored by Rep. Sam Johnson (R-TX) and cosponsored by Rep. Gabrielle Giffords (D-AZ) and Rep. Dennis Moore (D-KS) provides a comprehensive approach to electronic employment verification. The SHRM-led HR Initiative for a Legal Workforce strongly supports NEVA, as it would replace the current ineffective federal government's employee verification process with a new electronic verification system.
Please contact your Member of Congress today and urge him or her to sign-up as a cosponsor H.R. 5515.
Background
HR professionals are responsible for verifying employment eligibility for all new hires within their organization. Existing work-site verification systems call for complex documentation and record maintenance, requiring employers to determine the authenticity of more than 25 different types of documents. Considerable resources are devoted to paperwork completion, auditing records and verifying employment eligibility.
Employers may also elect to participate in an employment eligibility verification system, known as E-Verify. Participants in the program electronically verify employment authorization of new hires through Social Security Administration (SSA) and Department of Homeland Security (DHS) databases. Currently, only 52,000 out of 7 million U.S. employers participate in E-Verify, which is scheduled to expire in November 2008.
SHRM recognizes the critical need to improve the federal employment verification system, and endorses the creation of a secure, efficient and reliable electronic system that will help prevent unauthorized employment. However, the current verification system is an inherently subjective and ultimately insecure process, as fraudulent documents are easily acquired, allowing an unauthorized worker to obtain employment.
Finally, E-Verify relies on paper documentation. The program’s accuracy is therefore undermined by fraudulent IDs, as it cannot verify the authenticity of the identity documents, only that a given name matches information in the SSA and DHS databases.
Legislation
Under H.R. 5515, the New Employee Verification Act, employers would use the state "new hire" reporting process, which is currently used for child support enforcement, to access the Electronic Employment Verification System. This would allow employers to confirm the work eligibility of U.S. citizens through the SSA database and that of non-citizens through the DHS database.
In addition, the bill also would create a voluntary biometrics option that employers could choose to use in the verification process. This system would include a standard background check and the collection of a "biometric" characteristic - such as a thumbprint - to secure an employee's identity and prevent the illegal use of a Social Security number, stolen or fraudulently-obtained drivers' license, or altered identification documents. Other key aspects include:
Electronic Attestation - Allows the entire attestation requirements to be done electronically and eliminates the current Form I-9.
New Hires - Applies only to employers' newly hired employees and would not require employers to re-verify all existing employees as is required by other bills.
Post Offer and Acceptance, Pre-Start - Allows employers to check the employee's work eligibility through the electronic system beginning on the date of hire and ending on the third day after the employee has reported to work.
Federal Law Preemption - Provides that federal immigration law preempts any state law with regard to employer fines for immigration-related issues or in requiring employers to verify identity or work authorization of employees.
Employer Responsibility - Requires employers to be responsible only for the hiring decisions of their own employees, not those of their subcontractors.
SHRM's Position
To ensure effective enforcement of immigration laws, SHRM believes the federal government must provide U.S. employers with a fast and reliable method to confirm whether new hires are legally authorized to work in the United States.
The current I-9 verification system and E-Verify are unreliable and susceptible to identity fraud. As a result, SHRM supports passage of H.R. 5515. SHRM believes NEVA will create an electronic verification process for an employer that is far more efficient and accurate than E-Verify. The legislation also will prevent identity fraud, a major problem in the employment verification process.
Joining SHRM in supporting NEVA are the: American Council on International Personnel, College and University Professional Association for Human Resources, the Food Marketing Institute, HR Policy Association, International Public Management Association for Human Resources, the National Association of Home Builders, the National Franchisee Association, and the National Association of Manufacturers.
Action Needed
Write or call your elected officials in Washington today! Your legislators need to know your views on this important matter to ensure that effective electronic employment verification provisions are implemented that will help restore integrity to our immigration system.
Congressman Patrick Kennedy at patrick.kennedy@mail.house.gov
Washington, D.C. (202) 225-4911
Pawtucket, R.I. (401) 729-5600
Congressman James Langevin at james.langevin@mail.house.gov
Washington, D.C. (202) 225-2735
Warwick, R.I. (401) 732-9400
SHRM members may use HRVoice, follow the steps outlined below.
Please attach a message regarding RI SHRM's position on the Rhode Island Statewide E-Verify Legislation, H. 7107 SUB A and S. 2091, such as this:
Congressman, The RI House has passed statewide legislation, H. 7107, and the RI Senate will be hearing the companion bill, S. 2091, on Wednesday, May 7th, which would require employers to participate in the federal E-Verify Program and it provides for penalties for non-compliance. RI SHRM is opposed to immigration reform being regulated at the state level. Immigration enforcement should be decided by the federal government and should not be legislated by the states.
- Log onto HR Voice by CLICKING HERE.
- Sign in using your member number and last name at the upper-right corner.
- Choose "Write your elected officials."
- Click on "Urge Your Representative to Cosponsor H.R. 5515, the New Employee Verification Act" under the heading "Take Immediate Action on these Hot Issues."
If you are not a member of SHRM, contact your elected official today; please feel free to adapt this sample letter (click here for letter).
SHRM Alert: House Passes H.R. 1424 Which Limits Employers' Flexibility in Designing Health Benefit Plans and Increases Costs
Despite opposition from business and employer groups, on March 5, 2008, the U.S. House of Representatives passed the Paul Wellstone Mental Health and Addiction Equity Act of 2007 by a vote of 268 - 148. The bill would require employers to offer employees equal health care coverage for mental and physical illnesses.
This legislation will substantially limit employers' flexibility in designing health benefit plans and increase health coverage costs.
Background
In 1996, Congress enacted the Mental Health Parity Act to require annual or lifetime dollar limits for mental heath benefits to be equal to the limits for medical/surgical benefits offered by a group health plan. The law applies only to group health plans that offer both mental health and medical benefits.
In recent years, Congress has debated expanding coverage for mental health and substance abuse conditions beyond the 1996 Mental Health Parity Act. SHRM and HR professionals, ever wary of rising health care costs, have carefully considered the impact various mental health coverage bills will have on employers and employees. SHRM has endorsed bipartisan, consensus legislation (S. 558, the Mental Health Parity Act of 2007) that enjoys the support of employers, health plans, and the mental health community. Unfortunately, the House of Representatives is poised to consider mental health legislation (H.R. 1424) that is much broader in scope and could increase health care costs for employers and employees.
Legislation
H.R. 1424 is a bipartisan bill sponsored by Representatives Patrick Kennedy (D-RI) and Jim Ramstad (R-MN). Key provisions of H.R. 1424 that are of concern to HR professionals include the following:
- Benefit Mandate -- H.R. 1424 imposes a broad benefit mandate that preempts lesser state mandates. Employers would be required to cover all conditions in the Diagnostic and Statistical Manual of Mental Disorders (including caffeine addiction or sibling rivalry).
- Medical Management -- The bill lacks adequate protection for medical management of benefits by allowing state laws to undercut medical management. Employers rely on medical management of benefits to ensure the quality of care and the affordability of coverage.
- Preemption -- H.R. 1424 allows states to enact more extensive laws, including an alternative remedy structure. Employers would face an uneven patchwork of state requirements, increasing costs and the complexity of benefit administration.
- Network Coverage -- Employers rely on provider networks to encourage higher quality care and lower coverage costs. H.R. 1424 undercuts both of these objectives by mandating out-of-network coverage if any other benefit is offered on an out-of-network basis.
SHRM Alert: National Defense Authorization Act Expands FMLA
On Monday, January 28, 2008, the President signed into law the first expansion of the Family and Medical Leave Act (FMLA). The National Defense Authorization Act (H.R. 4986) provides additional FMLA leave for military families. Specifically, Section 585 of the bill adds two new FMLA-qualifying events, expanding FMLA to include employees caring for an injured service member as well as family members who have a family member called to active duty.
Under the new law, FMLA-eligible employees will now be entitled to the following:
Family Leave Due to a Call to Active Duty -- This benefit provides 12 weeks of FMLA leave due to a spouse, son, daughter or parent being on active duty or having been notified of an impending call or order to active duty in the Armed Forces. Leave may be used for any “qualifying exigency” arising out of the servicemember’s current tour of active duty or because the servicemember is notified of an impending call to duty in support of a contingency operation.
Caregiver Leave for an Injured Servicemember -- his benefit provides 26 weeks of FMLA leave during a single 12-month period for a spouse, son, daughter, parent, or nearest blood relative caring for a recovering service member. A recovering service member is defined as a member of the Armed Forces who suffered an injury or illness while on active-duty that may render the person unable to perform the duties of the member’s office, grade, rank or rating.
Most of the provisions of the FMLA remain unchanged and will apply to these new types of FMLA leave, including employer coverage, employee eligibility requirements, health insurance continuation, and reinstatement rights. Employees can utilize the leave on an incremental basis or in the smallest increment that the employer’s payroll system tracks under both of these new leave requirements,
While the Department of Labor (DOL) will need to issue regulations to fully implement this new law, they have released guidance that indicates the caregiver provision of the law is effective as of January 28, 2008, but the call to active duty provision will not be effective until the Secretary of Labor issues final regulations defining “any qualifying exigency.” In the interim, the DOL encourages employers to provide this type of leave to qualifying employees.
Employers will have to offer up to 26 weeks of unpaid leave to workers who provide care to wounded U.S. military personnel and 12 weeks of FMLA leave to the immediate family members of soldiers, reservists and members of the National Guard who have a "qualifying exigency." In this webcast, attorney Frank Alvarez provides insight into what the new rules mean and steps employers should be taking now to comply with them.
CNN Poll Ranks HR-Related Issues At Top of Voters' Concerns
HR-related issues are likely to influence voters in November 2008, according to an extensive poll about the upcoming 2008 presidential election which was recently released by CNN. The top five issues for voters were: Iraq, the U.S. economy, health care, immigration, and security/terrorism. Click here for the complete CNN poll results.
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