We’ve Come a Long Way, Baby?

It seems hard to believe, but according to the U.S. Bureau of Labor Statistics, women now make up 51.6% of the employees in “management, professional, and related occupations” in the USA. That’s a magnitude of change from how things were just thirty years ago! Pursuing greater inclusivity helps organizations hire and promote the best talent without being misled by biases, live up to the corporate value of fairness, and create work environments that engage everyone. Things are better today, but there is still plenty of work to be done to increase inclusivity in the workforce.

Fix gender imbalance in other roles

Women and men may be approaching equal representation in professional and managerial jobs, but what about other areas? Consider, for example, jobs such as a roofer, stonemason, crane operator, and carpenter, which are over 95% male; and jobs such as dental hygienist, speech-language pathologist, and early-childhood teacher, which are over 95% female. (And before tackling any of those, HR–in which women are overrepresented–should probably get its own house in order first.)

Tap other overlooked or underrepresented talent pools

Just as women have long been an overlooked talent pool, there are almost certainly other groups that are similarly under tapped. These might include groups that have faced discrimination, such as overweight people, for example, or people who are short, whose voices are a certain pitch, or who have some other characteristic that might elicit prejudice against them. Making this a priority is not only good for business but also helps companies promote fairness.

Help overlooked people in need

If the goal is compassion, then the inclusion movement might consider groups in need who are overlooked. For example, there are many people who are highly stressed because they have a close relative who suffers from addiction or a severe mental illness. These people typically soldier on without complaining. A worthy social responsibility goal for diversity and inclusion departments is to help these people in need.

Focus on individuals rather than on groups

Companies that want the best candidates need to stop overlooking people for appearance reasons (e.g., body shape, tattoos, fashion style) connected to stereotypes and assumptions about certain groups. Instead, the organization should make better use of assessment tools so that really hire the best person for the job–a practice that is both good for business and fair to candidates. Similarly, initiatives that actively promote environments in which all individuals get along may be more useful than initiatives that stress group-based cooperation.

Looking to add talent to your  workplace?

The award-winning Best of Staffing team at ABR Employment Services will help you add exceptional people to your team. Just tell us who your ‘ideal’ candidate is and we’ll do the rest.

Editorial Note: Portions of this blog originally appeared in the November, 2018 edition of ABR Employment Services magazine, ABR HR Insights. It  was originally written by David Creelman, CEO of Creelman Research.

On Oct. 11, 2018, the Occupational Health and Safety Administration (OSHA) sent a Standard Interpretation Memorandum to its regional administrators and to state plan designees clarifying its position on post-incident drug tests and safety incentive programs. According to the memo, such tests and programs are permitted if properly written and implemented.

Background

Federal law and OSHA regulations prohibit retaliation against employees for reporting work-related injuries and illnesses. In May 2016, OSHA published a final rule interpreting the retaliation prohibition broadly. The rule stated that some post-incident drug testing and safety incentive programs may deter employees from reporting injuries and illnesses, thus resulting in unlawful retaliation. It left employers uncertain as to when implementing such testing and programs could result in citations by the agency for alleged retaliation.

The October 2018 memo sets out OSHA’s new policy, stating that “[a]ction taken under a safety incentive program or post-incident drug testing policy would” not violate anti-retaliation requirements unless “the employer took the action to penalize the employee for reporting a work-related injury or illness rather than for the legitimate purpose of promoting workplace safety and health.”

Post-Incident Drug Testing

OSHA’s new memo specifically states that “most instances of workplace drug testing are permissible.” According to the agency, examples of permissible drug testing include:

• “Random drug testing”;

• “Drug testing unrelated to the reporting of a work-related injury or illness”;

• “Drug testing under a state workers’ compensation law”;

• “Drug testing under other federal law, such as a U.S. Department of Transportation rule”; and

• “Drug testing to evaluate the root cause of a workplace incident that harmed or could have harmed employees. If the employer chooses to use drug testing to investigate the incident, the employer should test all employees whose conduct could have contributed to the incident, not just employees who reported injuries.”

So employers may lawfully implement not only random drug testing programs, but also post-incident drug testing programs, as long as all employees whose conduct could have contributed to the incident – and not just the employees who were injured in the incident – are tested.

Safety Incentive Programs

OSHA’s new memo further notes that “[i]ncentive programs can be an important tool to promote workplace safety and health.” According to the agency, incentive programs that provide positive “rewards [to] workers for reporting near-misses or hazards” and encourage “involvement in a safety and health management system” are “always permissible.”

The memo also says “rate-based” programs that reward employees “with a prize or bonus at the end of an injury-free” period or evaluate managers “based on their work unit’s lack of injuries…are permissible…as long as they are not implemented in a manner that discourages reporting.” “[W]ithholding a prize or bonus because of a reported injury” is allowed “as long as the employer has implemented adequate precautions to ensure that employees feel free to report an injury or illness.” These precautions can include:

• “[A]n incentive program that rewards employees for identifying unsafe

conditions in the workplace”;

• “[A] training program for all employees to reinforce reporting rights

and responsibilities [that] emphasizes the employer’s non-retaliation policy”; and

• “[A] mechanism for accurately evaluating employees’ willingness to report

injuries and illnesses.”

This means employers may lawfully implement safety incentive programs if steps are taken to ensure employees feel free to report injuries and illnesses.

Bottom Line

OSHA’s new memo recognizes the value of post-incident drug testing and safety incentive programs if applied in a consistent and non-retaliatory manner. Employers should review their drug testing procedures and incentive programs for compliance with the agency’s new guidance.

The content of this blog originally appeared in our November 2018 e-newsletter, ABR HR Insights. It was written by David E. Dubberly, a member of Nexsen Pruet, LLC. See more workplace safety blogs here.

Using Social Media for Hiring

The rise of social media has created new opportunities and challenges in the workplace, affecting each and every department in different ways. The recruiting and HR departments are no exception, with businesses of all sizes increasingly looking to access candidates’ social media profiles when shortlisting.

However, with great power comes great responsibility and recruiters need to strike a fine balance in deciding how deep to go when tapping into social media data.

To get a thorough understanding of this dilemma, I spoke to Fiona McLean, CEO of The Social Index. With a background in both corporate hiring and HR, McLean is in the perfect position to shed light on the benefits and risks associated with social media profiling.

Why Tapping Into Social Media Profiles Makes Sense

McLean highlighted three key areas in which social media profiling can add value to the recruitment process:

First, using social media data to refine the information on file about a candidate enables recruiters to draw up a stronger short-list. They can also more accurately assess whether a particular candidate will be a good cultural fit or not. As covered in previous TalentCulture blog posts, creating a strong company culture is now a big concern for businesses of all sizes. Social media can be a powerful tool in matching talented employees with the compatible workplaces they are looking for.

Second, a candidate’s social media footprint can indicate how extensive their professional network is, as well as how engaged they are with their contacts. Although this is especially relevant in roles such as business development, being able to leverage employee connections can be valuable in many different organizations and roles.

Third, social media activity can also provide invaluable information about how a candidate deals with certain situations. For example, recruiters may seek to assess how they are likely to react during conflict or how empathetic they can be. This is potentially a valuable source of insight when assessing somebody’s suitability for a customer service role, for example.

The Dangers of Discrimination and Inconsistency

While the above points illustrate some of the many benefits of mining social media profiles during the recruitment process, McLean was eager to point out that there were also potential downsides.

One of the main issues of contention with social media research is where we draw the line when it comes to collecting data. It can be difficult to judge which data is relevant to a candidate’s prospective role and occupation and which is not. Getting this wrong can have serious implications.

For example, if a candidate has reason to believe that they have been denied an opportunity due to their ethnic background, religious beliefs or political ideologies then there is a real risk of a company being on the wrong end of a discrimination claim.

Another potential problem when looking at candidates’ social media profiles is ensuring consistency. Some people are more active and public than others in the social sphere, making it difficult to agree on a consistent and sufficient set of data to use when assessing suitability. A tried and tested methodology for assessment is needed to ensure a level playing field.

There is also the important issue of consent. How do recruiters communicate their social media research process and ensure that candidates are comfortable with that?

Setting Parameters With Social Research

According to McLean, recruiters should be actively looking to utilize social media research while minimizing the pitfalls highlighted above.

Companies already communicate the various stages of their recruitment process (e.g. interviews, selection criteria, assessments, etc.) and social media research can be incorporated into this. This should be clearly tied to the specific requirements of the business and job role to help put candidates at ease and secure consent.

Using a third party which specializes in collating and presenting relevant social media data for recruiters will also help to allay fears over potential bias and discrimination.

The upsides of using social media profiling in hiring suitable candidates are just too important for it to be left out of the recruitment process. Balancing social data collection with respect for boundaries and applying this research in a clear and consistent manner is a task all recruiters need to be engaged in.

Put Our Award Winning Recruiters To Work For You

Utilizing social networks such as LinkedIn is just one element of our hiring process to deliver exceptional results. Partner with an eight-time Best of Staffing agency to help you find and hire great people!

Editorial Note: This blog originally appeared in the October, 2018 edition of ABR Employment Services magazine, ABR HR Insights. It has been edited and was originally written by Tony Restell, founder of Social Hire. 

ABR Employment Services, a Wisconsin based staffing agency serving the Midwest, has spent the past 30 years honing its unique ability to serve clients in a best practice approach garnering accolades and awards along the way. Jim McNett, Chief Executive Officer, has spent 20 of those years personally overseeing the strategic development of ABR. McNett takes pride in what he describes as the organization’s organic growth. “We are known for customer service excellence,” he shared. And, in a bid to continue ABR’s growth, the organization recently added a professional search division in order to meet increasing demands outside of its traditional service offerings.

Meet ABR

Headquartered in Madison, ABR has 12 operating units, including a presence in MN. The long-established staffing firm provides staffing support for manufacturing, skilled industrial, HR, professional office support, logistics, scientific lab, and accounting positions.

 Additionally, ABR acquired Kinsa Group a decade ago, a recruitment agency with a national presence specializing in executive placement in the food and beverage industry.

ABR has received the Best of Staffing™ Award eight years in a row and is the only Wisconsin staffing agency with multiple branch locations to receive the Double Diamond Award. And Kinsa Group was recognized this year as one of Forbes’ Best Professional Recruiting Firms.

Growing Professional Search

Yet with all of the growth and successes, McNett knew they could do more. “We determined over the last few years that there was a huge need for professional to mid-level management positions that was a missed opportunity,” he explained.

ABR has built its base on filling support positions, both in the manufacturing and office settings. “You’re talking pay rates of $11 to $20 an hour—non-exempt, hourly positions,” explained McNett. “Then you have Kinsa Group that is doing managerial to executive searches—$90,000 to $200,000+ salaries.”

But these polar opposite roles left gaps. ABR clients are successfully filling warehouse and administrative positions, but aren’t receiving assistance for higher level openings. On the flip side, Kinsa Group is turning out executive level candidates, but can’t fulfil mid-level requests. “They would get a request for a $60,000 Production Supervisor but that would be below their level,” said McNett. “They don’t do that.”

These gaps meant that recruiters were turning down hundreds and hundreds of jobs from clients. “They weren’t quite in our funnels,” McNett explained. “This was a lot of lost revenue and our clients were going elsewhere when we knew we could probably do this ourselves with focused recruiters with the right skills.”

McNett rolled out a strategic plan and began a testing phase with a recruiter specifically working these jobs that had previously been lost in the gap. He quickly found that the need was greater than they had originally thought. “In talking with clients, we determined there really was a need for that mid-level, $45,000 to $80,000 salary realm,” shared McNett. “There was really no one doing well with that. There were some trying to do it, and big exec groups saying they were doing it, but they really didn’t want to spend time on it.”

But ABR is willing to spend the time and put forth the effort, and testing paid off. “We had great success in finding and placing these people,” McNett shared. “We decided to move forward and to brand a separate division that can really complement what ABR and Kinsa Group is doing and that can provide our clients a full array of services to get them anything they need, from entry level to executive level, through one resource.”

Goals

The professional search division is kicking off with two recruiters who are officially targeting the $45,000 to $80,000 salary range of professional to mid-level manager positions. McNett hopes to be at full staff by the end of the year—a team of four—with revenue that supports that goal.

“We will start out primarily as a recruiting partner in the Midwest,” he added. “But I hope to see us expand that footprint outside of just the Midwest in two to three years.”

Within a few weeks of launching the division, the recruiting team has placed a Production Supervisor, Assistant General Manager, Quality Manager and Manufacturing Engineer. The team has also experienced an in-flux of inquiries and resumes from candidates actively searching for their next professional opportunity.

Ultimately, McNett would like to see ABR Professional Search as a comparable and complimentary division to Kinsa Group and to become known as a national recruiting partner at the professional to mid-level manager sector in the way that Kinsa Group is seen at the executive level in the food and beverage industry.

“We are all part of the same company,” he concluded. “We are a very cooperative organization set on success.”

What Shoes Are You Trying To Fill?

Seeking exceptional professionals or managers to build your team? Tell us you are interested in starting a conversation with us below, or call us at 608-268-2266.

Candidate Ghosting Prevention

Are potential employees continuing to disappear while in the middle of your recruiting process? You’re not alone. So what can you do to keep from getting ‘ghosted’ by job candidates?

Candidate Ghosting Reasons and Remedys

According to Strategic Human Resources, Inc., candidates are more prone to drop out of the talent acquisition process due to the image that you’re portraying as an employer online.

In a world where we are inundated with different messages and forms of communication, what can you be doing to help yourself stand out from the crowd of employers on Indeed or ZipRecruiter? Try following a few of the steps below.

Make Social Media Your Friend

Perhaps you are one of the employers who isn’t sure social media is for them. Maybe your industry or services don’t lend well to social media, or you’re just not comfortable dedicating what could be 40 hours a week to your followers on Facebook, LinkedIn, Twitter or Instagram. However, consider this: 18.2% of referral makers ages 25-34 won’t refer a provider (or in this case, an employer) if they are not on social media. If you’re in the process of trying to catch the next wave of employees, consumers, or influences, you’re going to be caught in the surf without some form of active social media presence.

Create an Encouraging Culture of Communication

By remaining in consistent communication with your candidates, you can begin to build relationships that create a sense of responsibility in the candidate to reach out if they’ve changed their mind. But this responsibility goes both ways. When surveyed by CareerArc, over nearly 60% of candidates reported a poor experience with an employer or recruiter. Imagine the impact on that 60% if those responsible for the direct recruiting remained in contact with their candidates, keeping them updated on where they stood in the process. In the same study, 72% percent of those respondents said they shared their negative experience online or with someone directly. By cultivating a culture of communication between the employer and the potential employee, you can present an attractive image to candidates – one candidates want to be involved with

Don’t Hide

Similar to the fact that you should be active and involved in the public eye of social media, you should be actively approaching negative comments that may come out from behind a far-away keyboard. In a world that revolves around constant and instant communication, bad news can travel fast, and negative reviews can have a quick impact. In fact, USA Today recently reviewed a case where Yelp.com won a lawsuit against a local law firm that had received a negative and harsh review by a Yelp user, damaging their business reputation. When dealing with negativity in your web presence, a quick, factual and polite response will show potential employees (and potential customers) that you are an outstanding partner in the whole process.

We’re Not Afraid Of No Ghosts

Even before social recruiting was common practice, ABR Employment Services embraced it, as well as the 3 tips outlined above. As such, we’ve built, and continue to build, a community of trust among the people we help connect to employment. For candidate ‘ghost slaying’ support, reach out to any ABR location for assistance.

Editorial Note: Portions of this blog originally appeared in the September, 2018 edition of ABR Employment Services enewsletter, ABR HR Insights. It has been edited and was originally written by Robin Throckmorton of Strategic Human Resources Inc.

Professional Search Services

Hire Professionals to Managers Faster & More Cost Effectively

ABR Employment Services, a leading employment agency specializing in professional office support and manufacturing announced today that they have launched a Professional Search Services Division.

ABR’s Professional Search Division specializes in the recruitment of exempt level professionals to management level talent in most industries and job disciplines within the U.S. Focused on helping employer’s access better talent, create exceptional candidate matches, shorten time to hire, and reduce cost and hiring risk, the division was created in response to client needs.

The addition of the Professional Search Division allows ABR Employment Services and Kinsa Group, ABR’s Executive Search Division, to offer a full array of recruiting and staffing services. Clients and businesses now have the ability to utilize a one-stop resource to recruit and staff for entry level to top executive positions.

“With a tight labor market and growing economy, finding the right recruiting partner is critical to success,” said ABR’s CEO, Jim McNett. “We have the experience, skills and tools to proactively source highly qualified professionals and managers needed to fill critical roles.”

About ABR Employment Services

Founded in 1987, ABR Employment Services provides professional search, professional office support and manufacturing employment opportunities to job seekers and staffing solutions to companies throughout Wisconsin and in Winona, MN.  ABR was ranked #50 on the Forbes, Inc. 2017 Best Professional Recruiting Firms list. In 2018, Kinsa Group, a division of ABR, was named to the Forbes America’s Best Professional Recruiting Firms list. ABR is an eight-time recipient of Inavero’s Best of Staffing® Award.

Find Top Talent

Seeking exceptional professionals or managers to build your team? Tell us you are interested in starting a conversation with us below, or call us at 608-268-2266.

Understanding Equal Pay & the Impact You Can Have

Are you able to ask candidates for their salary history in your state or city? If so, you may not be for long. If you are hiring employees in California, Connecticut (effective Jan 1, 2019), Delaware, Hawaii (effective Jan 1, 2019), Massachusetts, New Jersey, New York, Oregon, and Vermont, you cannot ask the candidate’s previous salary history during the recruitment process. All of these states and additional municipalities are just the beginning. We will continue to see many more jump on board in the months and years to come.

Women Make Only 80 Cents For Every Dollar Earned By Men

The driver behind all of this is a focus on the gender pay gap and leveling the playing field on compensation for men and women. Did you know…

• Females make only 80 cents for every dollar earned by men?
• Woman graduates make 82% as much as their male counterparts?
• Women on US Corporate Board of Directors is only 12%?
• Women owned companies average 60% lower revenues than male owned companies?

(Source: PewResearch)

The unfortunate part is the pay gap follows women even into retirement. If a woman is paid less than her male counterpart during her working years, she’ll receive less income from Social Security, pensions, and other sources when she retires than the retired men, according to an article by Fischer & Hayes.

We’ve Come A Long Way, Baby?

The gender pay gap is real. As a society, we’ve been working on this issue since 1896. In 1963, the Federal Pay Equity Act went into effect. But still, the problem is the gap isn’t closing very quickly at all for being an issue for over 100 years. Some of the reasons causing this gap include the types of majors in college and jobs we’ve pushed women to take over the years. Plus, there is still a bias–whether overt or unconscious–about women in the workplace.

A recent Harvard Global Online Research study including over 200,000 participants showed that 76% of people (both men and women) are gender biased and tend to think of men as better suited for careers and women as better suited as homemakers. This bias spills over into the workplace every day. According to the Women in the Workplace Study by Leanin.org and McKinsey & Co., for every 100 women promoted to a manager level position, 130 men were promoted. Even at the C-level, women only account for 18% of the C-level employees.

All Too Familiar Biases

This same study found that women asked for feedback as often as men, but were less likely to receive it. Plus, women do not have the same level of access to senior leaders. You’ve probably seen it or maybe even done it yourself, but when a woman tries to negotiate they are considered bossy or aggressive.

Recently, I was approached by a woman to coach her through asking her employer for a salary increase because she knew she was paid substantially less than her peers who happened to be male. We walked through the facts including her credentials and performance reviews.  When she approached her manager with the information asking for the one time increase, she was denied and told salaries are based on the income you were receiving when you were hired. And, she was also told inquires like this could result in her termination. Yes, she is now actively looking for a new position with a company that respects the skills and performance she brings to the table.

More Work Needed To Level Gender Pay Gap

If we can find a way to even the playing field and eliminate the gender pay gap, our businesses will become more collaborative, more inclusive, and more competitive. As businesses, we need to evaluate our compensation philosophies as well as take a deep look at our internal employees to ensure we haven’t fallen into the pay inequity. We also need to look at our employment practices to minimize the impact of any hidden or overt biases that would be holding women back and/or paying them less for their skills than deserved. Look for ways in your organization to help grow and develop your women into leadership roles such as through mentoring programs and even training your employees to understand how biases can affect employees and the company’s success.

As individuals, especially in HR and management roles, we can make a difference, too. We need to be reflective to realize any of our own conscious or unconscious biases that may be impacting decisions we are making with regard to hiring, promotion, and compensation. And, we may have to step outside our comfort zone to speak up when we see inequality taking place.

Editorial Note: The content of this blog originally appeared in the August, 2018 edition of ABR Employment Services enewsletter, HR Insights. It has been edited for SEO and was originally written by Robin Throckmorton of Strategic Human Resources Inc.

With so much focus lately on Millenials, what can employers do to support another group of employees, the Sandwich Generation?

Employees in the Sandwich Generation, who are caring not only for their children but also for their own aging parents, often struggle to balance all of this responsibility.  According to the Northeast Business Group on Healthcare, these caregivers miss an average of six days of work each year due to caregiving responsibilities, are less productive because of personal distractions, and are in poorer health than non-caregiving colleagues.

By providing sandwich generation employee benefits, employers can give employees the support they need to succeed in and out of the office.

Sandwich Generation Employee Benefits:

Flexible work schedule: This enables employees with personal obligations during the typical 9-to-5 workday to accomplish everything they need without having to take off to catch up.

Child care benefits: Employers can alleviate the financial burden of child care by subsidizing care options, including backup care.

Senior care benefits: In addition to helping employees find senior care options employers can also provide tips and guidance to give caregivers confidence to navigate their new roles.

Financial planning assistance: As if managing personal finances wasn’t already hard enough, this generation may also be making mortgage payments, helping pay college tuition, and managing their parents’ estate. Access to financial planning allows employees to work caregiving-related costs into their financial plans and better prepare for the future. Pew Research Center studied the rising financial burdens of the Sandwich Generation.

Household help: Employers can ease the burden of simple household tasks by providing meal preparation, house cleaning, and laundry services.

Access to elder care experts: Senior care needs often arise suddenly, so providing information (through webinars, on-site seminars or even just contact information for local experts) can be extremely helpful to employees.

It’s in employers’ best interest to provide the tools employees need to manage their personal lives so they can do well and excel at work. Employers who offer these types of benefits show that they care about their sandwich generation employees.

Editorial Note: The content of this blog originally appeared in the July/August, 2018 edition of ABR Employment Services magazine, HR Insights. It has been edited for SEO by ABR Employment Services and originally written by Robin Throckmorton of Strategic Human Resources Inc.

VOP On Site Program: High-Volume Workforce Solutions

Does this sound familiar? Your internal HR Team is flooded with staffing requests. Your temporary workforce is made up of too few quality workers.  Your HR Team is getting flack about time-to-fill and costs associated with managing a temporary workforce. If you’re nodding your head ‘yes’, it may be the perfect time to consider entering into a vendor on premises relationship.

Vendor On Premises Workforce Staffing Solutions

Vendor-on-Premises (VOP), is exactly what it sounds like – a vendor provides an on site representative to manage and coordinate temporary employees at your company. At ABR Employment Services, our name for VOP is ‘On Site Staffing’.

ABR’s On Site Staffing is an outsourcing management program, which encompasses every facet of coordinating, ordering, planning and tracking of contingent employees.  This program is managed by an ABR On Site Manager, who acts as the central contact for hiring managers, coordinates recruiting activities, and handles a multitude of personnel related issues.

If you’re a high-volume staffing user, an On Site Manager can greatly simplify staffing for you.  In essence, s/he acts as an extension of your HR department to streamline your staffing function.

Here’s how:

Increasing Efficiency

A VOP On Site Manager can:

• Handle the daily deployment of temporary workers to get them on-task quickly.
• Make daily rounds to ensure temporary workers stay productive.
• Provide detailed, customized reports like: staffing usage, cost analyses, attendance and tardiness.
• Evaluate personnel needs to plan for peak and non-peak periods, and handle worker reassignment.

Reducing Headaches

A VOP On Site Manager can:

• Manage daily work issues, like problem resolution and worker injury reporting.
• Handle scheduling to ensure departments are adequately staffed.
• Resolve payroll and administrative issues.
• Recruit new temporary employees directly at your site.
• In some cases, even manage more than one facility so you can stay focused on core duties and responsibilities.

Managing Other Staffing Functions

A VOP On Site Manager can:

• Screen, interview and skill-test candidates before they’re approved to work for you.
• Check references, and if required, drug test applicants.

Ensuring Safety

A VOP On Site Manager can:

• Provide facilities tours and customized safety orientations for your new temporary employees.

Could your temporary workforce benefit from an ABR VOP On Site Manager?  We would love to have a conversation with you to explore if our VOP On Site Workforce Solutions are right for you.

Editors note: the content of this blog was originally published in March 2011 and has been updated for SEO, accuracy, and comprehensiveness.

An Immigration and Customs Enforcement (ICE) Response ‘How To’ for ABR Clients

The federal government is tripling the number of Immigration and Customs Enforcement (ICE) agents to increase worksite enforcement.  Worksite enforcement is typically done through worksite raids and I-9 audits.  Tom Homan, deputy director of ICE, at a press conference in Washington, D.C. in December said, “I want to see a 400% increase in work site operations.”

ICE raid – What Is It?

An unannounced search of the client’s worksite for the presence of undocumented employees and property that will be used as evidence that specific crimes have been committed.

ICE audit – What is It?

Typically, an ICE agent and an auditor will arrive unannounced at the employer’s worksite with a Notice of Inspection (NOI) to inspect I-9’s.  The agency can audit any business on a random basis or through tips from the public or other government agency.

What employer should do if ICE comes to worksite:

1. Call your internal HR Department first; then notify your ABR Employment Services Representative
2. Ask the ICE agent for identification
3. Ask if it’s a raid or an audit

If raid – Ask if they have a warrant.

A valid warrant must be signed and dated by a judge. It will include a timeframe within which the search must be conducted, a description of the premise to be searched, and a list of items to be searched and seized.  Keep a copy of the warrant.

Then:

• Write down the name of the supervising ICE agent and the name of the U.S. attorney assigned to the case.
• Have at least one company representative follow each agent around the facility.  Document what is said and taken.
• Although employees are not required to answer questions posed by an ICE agent, they may do so at their own discretion;  the company neither encourages nor discourages employees from doing so.

If audit

• The NOI gives you 3 work days to produce the I-9 Forms.  Do not provide your documents early.
• Tell the ICE agent that we will provide the I-9’s in three days.  Be polite, but do not answer any questions about processes or procedures.
• Review all I-9’s for compliancy.

What to do now?

Make sure you are using the new I-9 form that has been required since 09/18/17.  It is suggested to also conduct a self-audit.  Employers are required by law to maintain, for inspection, an I-9 for all current employees.  In the case of former employees, retention of I-9’s are required for a period of at least three years from the date of hire, or for one year after the employee is no longer employed, whichever is longer.   It is best practice to not store I-9’s longer than legally required.  During an audit the employer is legally responsible for all I-9’s in their possession.

Further Learning

For more information on ICE Raids or ICE Audits, please read:

Via CNN – ICE pledges immigration crackdown on businesses.

Via The Washington Post – ICE raids meatpacking plant in rural Tennessee; 97 immigrants arrested