Texas Back to Work Program

The Texas Workforce Commission has announced its new Texas Back to Work Program. Texas employers can earn up to $2,000 for hiring out of work Texans. Newly hired workers who have been receiving unemployment benefits can qualify you for this cash incentive.  For a list of Texas Workforce Solutions representatives across Texas who can help you with this program, visit the Texas Workforce Commission Web site at www.texasworkforce.org or call (512) 475-1146. You can also contact Brumley PEO’s HR Specialist, Rhonda Hicks (email: rhonda@brumleypeo.com or telephone: (830) 980-1229). Rhonda will help you advertise your job opening on the TWC website so as to increase the likelihood of finding job applicants who qualify for the cash incentive program.

Federal Contractors and Subcontractors - Compliance with Executive Order 13496

Under a new Department of Labor regulation published on May 20, 2010, effective June 21, 2010, federal contractors and their subcontractors are required to post notices informing employees of their rights under the National Labor Relations Act (NLRA).

These regulations implement Executive Order 13496, signed by President Obama on January 30, 2009, and require federal contractors to agree to post the required employee notice and to agree to insert provisions in their subcontracts that require their subcontractors to post the employee notice as well.

Federal contractors and subcontractors are required to post the prescribed employee notice conspicuously in plants and offices where employees covered by the NLRA perform contract-related activity, including all places where notices to employees are customarily posted both physically and electronically. The size of the poster must be 11X17 inches or larger. For more information regarding the poster or to obtain a copy, please go here.

If you need assistance printing the posters, please contact Brumley PEO’s Workers’ Compensation Claims Manager, Melissa Velentzas (email: melissa@brumleypeo.com or telephone: (830) 980-1216).

As mentioned above, federal contractors and subcontractors are required to include certain language (the "employee notice clause") in every subcontract or purchase order over $10,000.00 entered into in connection with a covered government contract (i.e., a non-exempt government contract over $100,000.00). The employee notice clause commits the subcontractor to post the Notice and to comply with its requirements. The prescribed language may be found in 29 CFR Part 471, Appendix A to Subpart A. For a copy of the prescribed contract language, please go here. (Please note Appendix A is located on pages 52-58 of the referenced PDF file)

For more information regarding Executive Order 13496, please contact Brumley PEO’s General Counsel, Norman Paul (email: norman@brumleypeo.com or telephone: (830) 980-1220).

Summer 2010 - CPR Training and OSHA 10-Hour Course Schedule

The Brumley PEO Risk Management Department is pleased to announce our Summer 2010 schedule for CPR training and the OSHA 10-Hour Safety Course.

Classes will be held throughout June and July in Dallas/Fort Worth, Houston, San Antonio, and El Paso.

CPR, First Aid and AED Classes - These classes are free to all shared employees of Brumley PEO and Brumley Limited. There will be a $10.00 charge for non-employee participants. Each class is limited to 12 students. There will be two classes each day, one in English and the other in Spanish. Our instructors follow the same guidelines as the American Medical Association. The course will provide attendees with the basic skills of CPR, first aid, and the use of AEDs (Automated External Defibrillators). A short quiz will be given at the end of each class. Those who attend the full session and pass the quiz will receive a 2 year nationally accredited certificate.

OSHA 10-Hour Course - This course is free to all shared employees of Brumley PEO and Brumley Limited. There will be a $40.00 charge for non-employee participants. Class size is limited to 30 students. In Dallas/Fort Worth, Houston, and San Antonio, the OSHA 10-Hour General Industry safety course will be taught. In El Paso only, the OSHA 10-Hour Construction safety course will be taught.

Course Schedule

Registration - To register for any of the courses listed above, please call Melissa Velentzas (830) 980-1216.

HIRE Act Form Released  - As mentioned in the recent Brumley PEO Alert & Update, the Hire Act provides employers with an exemption from the employer’s 6.2 percent share of social security tax on wages paid to qualifying employees (those that were recently unemployed or partially unemployed), effective for wages paid from March 19, 2010 through December 31, 2010.

The IRS has released Form W-11, to be used as the worker affidavit regarding prior unemployment under the HIRE Act. In addition to the required W-11, the agency has posted a series of frequently asked questions about the Act. These forms are retained by the employer and are required for both the tax credit and the payroll tax exemption.

Please have qualified newly hired employees complete the Form W-11 and then send the completed Form to your Brumley Client Service Representative along with the new hire package. Brumley PEO will claim the exemption of the employer’s portion of the Social Security taxes and credit the same on your invoice.

Please call your Brumley Client Service Representative if you have any questions about the HIRE Act or the available tax credits.

HEALTH CARE REFORM ACT IN A PEO ARRANGEMENT

Initial Concern  The Health Care Reform Act is now law.  Initially, there was concern the Act would unduly penalize small employers in a PEO arrangement since some provisions of the Act are based on an employer’s size. In this regard, businesses with 10 or fewer full-time-equivalent employees earning less than $25,000 a year on average will be eligible for a tax credit of 35% of health insurance costs. Starting in 2014, businesses with more than 50 employees will be required to either offer healthcare coverage or pay a penalty of $750 a year per full-time worker.

If the business size is determined at the PEO level, then smaller employers affiliated with a PEO could find themselves bound by the Act’s mandates when they would be exempt in their own right. Likewise, if tax credits are based on the size of the PEO, then small client companies using a PEO could lose their tax credits. 

NAPEO Secures Clarification  Brumley PEO is a member of the National Association of Professional Employer Organizations (NAPEO), the largest trade association for professional employer organizations (PEOs) nationwide. NAPEO’s governmental affairs representatives were able to make sure the legislative history of the new Act included language indicating Congressional intent that in a PEO arrangement, the small business tax credits and employer mandates will all apply at the client level.  

The Congressional intent is reflected in the form of a colloquy in the Senate between the Chairman of the Finance Committee, Senator Baucus, Senator Nelson of Florida and the Finance Committee Ranking Minority Member Senator Grassley. (To read the colloquy go here)

This clarification will serve as guidance to regulatory agencies (Departments of Treasury, Labor, and Health and Human Services) implementing the law that PEO clients will be eligible to receive the tax credit benefits of this legislation, and that potential mandates will apply based on client size, not PEO size.
  
We have been assured NAPEO’s staff and retained counsel will continue to protect its members and their clients’ interests when the appropriate agencies begin the implementation process.

HIRING INCENTIVES TO RESTORE EMPLOYMENT (HIRE) ACT

On March 18, 2010, President Obama signed into law the Hiring Incentives to Restore Employment (HIRE) Act which included two new tax benefits for employers hiring workers who were previously unemployed or only working part time.

Payment Exemption for Employer’s Share of Social Security Taxes  According to the IRS press release, "Employers who hire unemployed workers this year (after Feb. 3, 2010 and before Jan. 1, 2011) may qualify for a 6.2-percent payroll tax incentive, in effect exempting them from their share of Social Security taxes on wages paid to these workers after March 18, 2010." The IRS further clarified that the Act will have no effect on the employee’s future Social Security Benefits. Employees will still have to pay their portion (6.2 percent) of Social Security taxes. The employer and employee’s share of Medicare taxes would also still apply to these wages.

In addition, for each worker retained for at least a year, businesses may claim an additional general business tax credit, up to $1,000 per worker, when they file their 2011 income tax returns.

IRS Form Certifying Employee Eligibility  Employers will be required to obtain a statement from eligible new hires certifying that they were unemployed during the 60 days before beginning work or, alternatively, worked fewer than a total of 40 hours for someone else during the 60-day period. The IRS is currently developing a form employees can use to make the required statement.

According to the IRS, "Businesses, agricultural employers, tax-exempt organizations and public colleges and universities all qualify to claim the payroll tax benefit for eligible newly-hired employees. Household employers cannot claim this new tax benefit." To read a Question and Answer for Employers go here.

NAPEO Capitol Hill Effort Protects PEO Clients Under HIRE Act  Once again, NAPEO’s governmental affairs department was able to secure a comment in the legislative history for the Hire Act making it clear that it is Congress’ intent that employers participating in a PEO arrangement will still be entitled to the tax incentives offered through the Hire Act. (To read the colloquy go here) 

NAPEO has developed an analysis of the essential elements of the Act for member PEOs as well a client fact sheet to help their customers understand the new law.

Certification Form  As of this date, the IRS has not published the certification form employers and employees are to use to validate eligibility for the tax credits. As soon as it is published, we will send it to you. In the interim, please make sure you determine the employment history of all new hires made after February 3, 2010 to determine eligibility for the credits.

The U.S. Citizenship and Immigration Services (USCIS) recently announced the Form I-9 which was released on February 2, 2009, has been extended to Aug. 31, 2012. The USCIS has amended the form to reflect a new revision date of Aug. 7, 2009. Employers may use the Form I-9 with the revision date of either Aug. 7, 2009 or Feb. 2, 2009. The revision dates are located on the bottom right-hand portion of the form. To view the current form, please use the following link: http://www.uscis.gov/files/form/i-9.pdf

The current Form I-9 has also been posted separately and as part of the new hire packet on the Brumley PEO website.

Please contact your Brumley PEO Client Service Representative if you have any questions with regard to the proper completion of the Form I-9.

EMPLOYMENT LAW AND RISK MANAGEMENT SEMINAR

            Brumley PEO is pleased to invite client company owners, managers and supervisors to our upcoming Employment Law and Risk Management Seminar.

            Employment Law Update.  Norman L. Paul, Jr., Brumley PEO’s General Counsel, will provide up-to-date information on important issues in the workplace, including how to properly hire, discipline, and if need be, terminate employees in today’s litigious society.   

            Risk Management.  Our Loss Control Managers, Ben Day and Rick Barlow, will present an overview of the services provided by our Risk Management Department, including our CPR and OSHA training classes. Melissa Velentzas, Brumley PEO’s Workers’ Compensation Claims Manager will review our process for workers’ compensation claims, including when and what claims need to be reported, the claims process, FMLA and non-FMLA leaves of absence policies and how they relate to workers’ compensation claims, and light duty assignments. 

            Location and Date. The seminar will be held in our corporate office located at 30815 U.S. Highway 281 North in Bulverde, Texas on Wednesday, October 21, 2009. The seminar will begin at 10 o’clock a.m. and end at 2:30 o’clock p.m. Lunch will be provided. 

            Reservations.   Please reserve your seat today by calling Brooke Staats at either (830) 980-1200 or (877) 704- 0454. 

            We look forward to seeing each of you!
 

Norman L. Paul, Jr. 

As General Counsel for Brumley PEO, Norman has represented Margaret and Wallace Brumley since 1987. He graduated in 1977 from the Virginia Military Institute with a Bachelor of Arts in English. He then attended St. Mary’s School of Law, where he graduated in 1980 with his Juris Doctorate. As part owner of Vivroux Sports, Norman understands firsthand the tremendous regulatory and legal issues confronting today’s business owners.

Ben Day 

Ben has been the Loss Control Manger for Brumley PEO since March of 2004. He holds a Bachelor of Business Administration degree from the University of North Texas. After serving as a police officer, Ben transitioned to a career in loss control and safety. In 1993, he began providing safety and loss control services to the PEO industry. As part of his duties, he teaches classes on CPR/Medic First Aid as well as many other safety topics.

Rick Barlow 

Rick has been a Loss Control Manager for Brumley PEO since April of 2008 but has been in the risk management field for more than 30 years. He holds a Bachelor of Science degree from Sul Ross State University and has extensive experience as an insurance Loss Control Consultant and as a contract consultant through a company he helped to create in 1997. Rick is also a certified OSHA Outreach trainer.

Melissa Velentzas 

Melissa has been in the Risk Management Department for Brumley PEO since April 2003. Melissa is a licensed Texas Workers’ Compensation Adjuster. She serves as the primary liaison between our workers’ compensation insurance carrier and client companies. Her duties include the preparation of OSHA reports, processing background/drug testing inquiries, and the administration of FMLA and non-FMLA leaves of absence.

You may have noticed the latest Form I-9 (Rev. 02/02/09) contained a June 30, 2009 expiration date. The US Citizenship and Immigration Services (USCIS) announced on Friday, June 26, 2009, the current form will continue to be valid for use after June 30, 2009.

The USCIS has requested the Office of Management and Budget (OMB) approve the continued use of the current version. It is anticipated the USCIS will update the current Form I-9’s expiration date when the extension is approved.

Minimum Wage Increase - Posters

        Effective July 24, 2009, the federal minimum wage will increase from $6.55 per hour to $7.25 per hour. 

Employers must post, and keep posted, a notice explaining the Fair Labor Standards Act (FLSA) in a conspicuous place in all of their establishments so employees can readily read it. The content of the notice is prescribed by the Wage and Hour Division of the Department of Labor (DOL), and the Division has updated the notice to include the new federal minimum wage increase. 

You should already have a poster that contains the current minimum wage. It may be a separate laminated copy of the revised FLSA or it may be re-printed in a larger federal labor law poster. 

If you require additional postings or have any questions regarding this matter, please contact Melissa Velentzas (830 980 1216).

A Message from Margaret and Wallace Brumley

We would like to take this opportunity to inform our valued clients that our company is financially very sound. As you may know, our ESAC accreditation places Brumley PEO in very exclusive company - only 5 PEOs in Texas and 28 in the country are ESAC accredited.

The ESAC accreditation affords several important protections for our clients. First, clients of an accredited PEO are covered by a performance bond for up to 11 million dollars. A client company can draw on the bond to cover a default by the PEO in the payment of payroll, taxes, insurance premiums, and/or retirement funds. Second, accredited PEOs must annually submit to ESAC, AUDITED financial statements, as well as interim quarterly financial statements.

As part of its financial statements, an ESAC-accredited PEO must submit the computation of its Current Ratio (measures whether a company has enough resources to pay its debts over the next 12 month period) and its Quick Ratio (measures the ability of a company to immediately pay or retire its current liabilities) in order to ensure the PEO is maintaining adequate reserves for its operations and near-term liabilities. Each quarter Brumley PEO has demonstrated its financial liquidity and cash reserves, which we are proud to say are on deposit in local Texas banks - all FDIC insured - and NOT ON THE FEDERAL BAIL OUT LIST!

For more information on the stringent financial requirements and ethical standards an ESAC accredited PEO must maintain on an ongoing basis, please click here.

Having been successful in the insurance industry (Wallace 30 years), the title insurance industry (Margaret 25 years) and the PEO industry (20 years), we have been asked what are we going to do as an encore? Our response is Brumley PEO is our encore! To us, the continued success of our company is everything and we remain confident that our company as well as our relationship with our client companies and shared employees will endure well beyond these trying times.

    E-Verify May Soon Be Mandatory for All Employers
    By: Norman L. Paul, Jr., General Counsel

In an article recently printed in the San Antonio Express News it was reported that during his Senate confirmation hearing, John Morton, President Obama’s nominee to head the Immigration and Customs Enforcement agency (ICE), testified that the agency intends to target employers more than employees in order to pursue those employers who hire unauthorized workers. He further testified that it is the Administration’s intention to eventually require mandatory use of E-Verify "to enable employers to check the immigration status of new hires."

According to the Express News article, Mr. Morton testified: "We cannot make sustained reductions in illegal immigration without deterring employment of unauthorized labor." "We need to place renewed focus on employers to ensure that they are playing by the rules." Mr. Morton further testified that ICE intended to "vigorously pursue" civil fines against employer violators. To view the complete article, please click here.

As we have reported in several recent Alerts and Updates, Brumley PEO is able to check the immigration status of all of your newly hired employees through E-Verify. The program is free and it takes minutes to perform the check.

It is estimated there are 10 - 12 million illegal immigrants in the United States. If E-Verify is used to screen all existing employees (now it is for new hires only), this could lead to labor shortages in the construction, farming, restaurant, and other labor intensive job markets. Brumley PEO therefore recommends client companies be in the forefront of this issue by making sure every employee hired from this point forward is in fact authorized to work.

If you are interested in the E-Verify program through Brumley PEO or for more information about the program requirements, please click here.

2009 Open Enrollment Notice
By Becky Newton, Director of Benefits

Open enrollment will begin on October 1, 2009 for the Brumley PEO Humana health insurance policy and our ancillary coverages, MetLife dental and life insurance and Safeguard vision insurance. The Flexible Spending Account open enrollment will begin January 1, 2010.

Humana health insurance rates should be received in July. Because the remaining ancillary products have a two year rate guarantee, there will be no increase in premiums for the ancillary benefits - making re-enrollment seamless for those already participating.

With your assistance, we intend to start open enrollment meetings in August. An employee’s election can be entered into our payroll system in September, with the proper premiums being remitted at the start of the October 1, 2009 Plan year. This eliminates the need for retroactive payroll adjustments.

If you are not offering benefits, keep in mind Brumley PEO ancillary coverages have no employer contribution requirements and no employee participation minimums. This is a great way to increase employee retention and "give back" to your employees.

As always, if you participate in any of the Brumley PEO plans, the Brumley PEO Benefits Department handles (at no extra cost to you) all aspects of policy administration including new hire books/meetings, enrollments, changes, terminations, payroll deductions, remittance of collected premiums to the carrier(s) and, if applicable, COBRA and State Continuation offerings.

Throughout the next several months, you will receive additional information about the 2009 - 2010 Plan year. In the interim, if have any questions regarding the Brumley PEO sponsored plans, please contact our Benefits Manager, Michael Anderson (830 980-1231).

     CHILD LABOR LAWS
     By Pam Williams, Director of Payroll

As another school year comes to an end, you may want to hire summer help. Before you do so, please familiarize yourself with the Federal and Texas Child Labor Laws.

Only in extremely limited circumstances may a child under the age of 14 be employed. As for children between the age of 14 or 15, they may not work more than eight hours on a non-school day or 40 hours during a non-school week. Between June 1 and Labor Day a child may only work between the hours of 7a.m. and 9 p.m. This age group may be employed in retail and food service establishments performing office and clerical work, cashiering, cleanup work, kitchen work, etc. They may also work in a gasoline service establishment but their duties are limited to courtesy service, car cleaning, etc.

A child 16 or 17 years of age does not have any restrictions on the number of hours or times of day they may work. However, they may not work in any "Hazardous Occupation Order". This includes operating or assisting to operate any power-driven hoisting apparatus such as cranes, derricks, hoists and high-lift trucks, metal forming, punching and shearing machines, any woodworking machines, and any circular saws, band saws and guillotine shears. This age group cannot work in the manufacturing of brick, tile and kindred products and they cannot work in any roofing operations.

No child under the age of 17 may drive on public roadways as part of their employment. A 17 year old may drive as part of their employment but only during daylight hours. However, they must have a valid license for the type of driving involved, completed a state approved driver education course, no moving violations, and not drive a vehicle over 6,000 lbs. gross vehicle weight.

Keep Eye Protection Effective
By Mike McGee, Director of Risk Management

Many employees use eye protection to protect their eyes when performing tasks that pose a risk of eye injury, but safety glasses, goggles and face shields lose their effectiveness if not properly maintained. When they are dirty, scratched or fogged, protective eyewear may actually cause injuries by impairing the wearer’s vision.

You can prevent eye injuries by making sure your employees not only use protective eyewear when it is called for, but also eyewear that is well maintained. These easy tips will help you do just that:

• Inspect eyewear before each use for scratches, cracks or other wear.
• Clean the lenses with a mild detergent and water with a non-abrasive cloth or paper towel.
• Store the eye protection when not in use to protect it from the elements; an empty coffee can works great for this purpose.
• Disinfect the eyewear if it becomes splashed or otherwise contaminated with a chemical or hazardous substance.
• Replace eyewear that has outlived its useful life with a new pair; new safety glasses or goggles are inexpensive, eye injuries are costly.
  

     Are Your Federal Income Tax Withholdings Correct?
     By Lisa Bolling, Senior Accountant

The 2008 tax season is over!  Did you receive a large refund? Did you have to make an additional tax payment? If either occurred, you should now take the time to review your 2009 federal tax withholdings. One way to do so is by using the IRS Withholding Calculator, which can be found by clicking the following link: http://www.irs.gov/individuals/article/0,,id=96196,00.html

This useful tool estimates your 2009 income tax liability as well as your annualized income tax withholding. The calculator then offers you suggestions as to your optimal withholding amount. All you need to use the calculator is your last paycheck stub.

How To Protect Yourself From the Swine Flu Virus

Brumley Professional Employer Services is carefully monitoring the information and warnings being issued by health agencies concerning the swine influenza, which continues to spread throughout the United States and internationally. The World Health Organization (WHO) has raised the worldwide pandemic alert level to Phase 5, which is characterized by confirmed person-to-person spread of the virus which causes "community-level" outbreaks. The Center for Disease Control has also issued a travel advisory recommending against non-essential travel to Mexico.

You can help prevent the spread of the virus if you monitor and inform your employees. If they have flu-like symptoms they should contact their doctor immediately. The symptoms of swine flu are very similar to the regular flu symptoms and include fever, chills, headache, cough, sore throat, body aches, and fatigue as well as nausea and vomiting. Anyone with the virus is contagious as long as they have symptoms and for several days after the symptoms end.

There is currently no vaccine to prevent swine flu but practicing good hygiene can help protect you and your family:

1. Wash your hands often with soap and water, especially before eating and after coughing and sneezing. Alcohol-based hand sanitizers are also effective.

2. Cover your mouth and nose with a tissue when you cough or sneeze. Throw the tissue away and wash your hands immediately. You can also cough or sneeze into your upper arm area. This helps keep germs away from the hands.

3. Practice other good health habits. Get plenty of sleep, be physically active, manage your stress, drink plenty of fluids and eat nutritious food.

Most importantly, anyone with flu symptoms should stay home from work or school and limit their contact with others.

You can get more information on the swine flu at: http://www.cdc.gov/swineflu/swineflu_you.htm

Or for information in Spanish: http://www.dshs.state.tx.us/news/releases/20090425-sp.shtm

The New Form I-9 Should Now Be Used by All Client Companies

In our January 26, 2008, Alert & Update, we announced the new Form I-9 was supposed to go in effect on February 2, 2009. Several days later, we sent a follow-up Alert & Update announcing its delay until April 3, 2009. Please use the new Form I-9 for employees hired or rehired after that date. For a copy of the new form, please click here.

The new Form I-9 is also posted separately and as part of the new hire packet on the Brumley PEO website.

Reminder: Expired Identification Documents No Longer Allowed

In order to prevent document fraud, employees are no longer allowed to use expired identification documents to establish their identity or credentials to work in the U.S.

Reminder: New Form I-9 Eliminated Two Identification Documents

The following were eliminated from List A documents that establish both identity and employment authorization:

1. Form I-688 (Temporary Resident Card)
2. Forms I-688A and I-688B

Reminder: New Form I-9 Added Three Identification Documents

The following were added to List A documents that establish both identity and employment authorization:

1. U.S. Passport Card
2. Foreign passport with temporary I-551 printed notation on a machine-readable immigrant visa
3. Passport from the Federated States of Micronesia (FSM) or the Republic of the Marshall Islands (RMI) with Form I-94 or Form I-94A indicating nonimmigrant admission under the Compact of Free Association Between the United States and the FSM or RMI

Reminder: Changes were made to Section 1 of the Form I-9

Section 1 (employee attestation) now has separate categories for "citizen of the United States" and "noncitizen."

Common Mistakes Made When Completing the Form I-9:

For a list of the common mistakes made when completing the Form I-9, please click here.

Most shared employees will see an increase in take-home pay under the new Making Work Pay tax credit.

As part of the American Recovery and Reinvestment Act of 2009, Congress passed the Making Work Pay tax credit - a refundable tax credit for working taxpayers for 2009 and 2010. Eligible individual employees will receive a tax credit up to $400.00. Eligible married employees filing a joint return will receive a tax credit up to $800.00. The credit will be phased out for individual taxpayers having a modified gross income above $75,000, or $150,000 for married taxpayers filing a joint return.

The Making Work Pay tax credit will not be paid out in a lump sum. Instead, the credit will be paid through-out the year in the form of a reduction in the amount of taxes withheld from employees’ pay checks.

Brumley’s payroll department has now implemented the new tax tables used by employers to calculate employees’ income tax withholdings. Accordingly, shared employees who qualify for the credit will receive higher take-home pay beginning with their paychecks issued after March 1, 2009. For more information about the Making Work Pay tax credit, please click here.

COBRA Continuation Coverage Assistance under the American Recovery and Reinvestment Act

Brumley’s Benefits Department will announce in the next several days the suggested process for the new COBRA subsidy. Generally, employees who were involuntarily separated on or after September 1, 2008, may be eligible for a federal subsidy equal to 65% of their COBRA or Texas State Continuation benefit premiums. For more information about this new program please click here.

It’s Not Too Late to Sign-Up for E-Verify

We previously announced that Brumley PEO has signed-up for the E-Verify Program. The Department of Homeland Security (DHS) in partnership with the Social Security Administration (SSA) created the E-Verify program - an Internet based system that allows participating employers to electronically verify the employment eligibility of their newly hired employees.

E-Verify is free and voluntary. The E-Verify program is only for new hires. Existing and rehired employees cannot be screened. For more information about the E-Verify Program, please click here.

If you choose to participate in E-Verify, we will use the information from the Form I-9 to verify a newly hired employee’s eligibility. The initial screening is simple and results are typically available within minutes.

If an employee receives an initial non-confirmation of their employment eligibility, they will be referred to either the SSA or the DHS to resolve their case. They must make the visit within 8 federal government workdays from the date of referral. During this time, the employee must be allowed to continue to work and no adverse action can be taken against them. If the employee elects not to contest their case or if the SSA issues a Final Non-Confirmation or the DHS reports that Employment is Unauthorized, then both the client company and Brumley PEO must take action to terminate the employee.

If you are interested in the E-Verify program through Brumley PEO or for more information about the program requirements, please click here.

Implementation of New Form I-9 Delayed to April 3, 2009 - The U.S. Citizenship and Immigration Services (USCIS) has delayed the implementation of the new Form I-9 until April 3, 2009.  In its announcement, the agency extended the public comment period on the new rule until March 4, 2009. 

In our Alert and Update sent January 26, 2009, we informed you the new regulations were to become effective February 2, 2009. As late as last week the agency announced its intent to proceed with the implementation. The sudden shift in policy is probably due to the new Administration’s request that all new regulations be delayed until it has had a chance to review them.

Please continue to use the existing Form I-9. It has an expiration date of 06/30/09. For a copy of the existing form, please click here. The existing Form I-9 is also posted separately and as part of the new hire packet on the Brumley PEO website.

New Form I-9 Beginning February 2, 2009

Effective February 2, 2009, all client companies must begin using the new Form I-9 for employees hired or rehired on or after that date. For a copy of the new form, please click here.

As of February 2, 2009, the new Form I-9 will also be posted separately and as part of the new hire packet on the Brumley PEO website.

Expired Identification Documents No Longer Allowed

In order to prevent document fraud, the U.S. Citizenship and Immigration Services (USCIS), has announced a new rule that effective February 2, 2009, employees are no longer allowed to use expired identification documents to establish their identity or credentials to work in the U.S.

New Form I-9 Eliminates Two Identification Documents:

The following are eliminated from List A documents that establish both identity and employment authorization:

• Form I-688 (Temporary Resident Card)
• Forms I-688A and I-688B (both are older versions of Employment Authorization Cards)

New Form I-9 Added Three Identification Documents:

The following were added to List A documents that establish both identity and employment authorization:

• U.S. Passport Card
• Foreign passport with temporary I-551 printed notation on a machine-readable immigrant visa
• Passport from the Federated States of Micronesia (FSM) or the Republic of the Marshall Islands (RMI) with Form I-94 or Form I-94A indicating nonimmigrant admission under the Compact of Free Association Between the United States and the FSM or RMI

Changes to Section 1 of the Form I-9:

Section 1 (employee attestation) now has separate categories for "citizen of the United States" and "noncitizen."

Common Mistakes Made When Completing the Form I-9:

For a list of the common mistakes made when completing the Form I-9, please click here.

Need More Information?

For more information about the reasoning behind the changes made to the new Form I-9, please click here.

You may also telephone (830) 980-1242 and speak with Connie Phillips or Betty Hill in the Brumley PEO Human Resource Department. 

OPEN ENROLLMENT ALERT 

            Open enrollment for the 2009 plan year is quickly coming to a close. Every employee is required to complete and return the Benefit Election Summary form found in their Open Enrollment Book to the Brumley Benefits Department.

            Please remind all employees to send in their enrollment/change forms as soon as possible. They may be sent to the Brumley Benefits Department by:

            Mail:      30815 US Hwy. 281 North, Bulverde, Texas 78163
            Fax:       (830) 980-1247
            Email:   yourbenefits@brumleypeo.com

REMINDERS 

• Please remind employees, Brumley PEO deducts most benefit premiums one month in advance.  If an employee is enrolling for the first time or increasing their benefit level, there may be "catch-up" premiums due, which will be deducted from their paychecks in addition to their normal monthly premiums.
  
  
• Some insurance carriers will not issue ID cards until they have received enrollment/change forms from every employee listed on your census. If an employee needs a temporary ID card they may request one by logging on to the appropriate website listed on the "Important Benefit Contacts" page from their Open Enrollment Book. They may also call the Brumley PEO Benefits Department (830-980-1200) for assistance.