All posts by stu

I9 Form

Flexibility Policy for I-9’s Extended

The ability to inspect Form I-9 documents virtually has been extended through August 31, 2021 by U.S. Immigration and Customs Enforcement (ICE) and the U.S. Department of Homeland Security (DHS). While this policy was implemented in March 2020 due to the COVID-19 pandemic, companies who are completely remote or transitioning employees back into the office can still inspect and review Section 2 Form I-9 documents virtually by video link, fax, or email.

It is important to note that virtual review is not mandatory, and employers can still follow the standard Form I-9 guidelines. However, if you continue inspecting I-9 documents remotely, ensure you are following the Form I-9 documentation correctly and maintain a list of all employees who were verified virtually. Remember that the timelines for completing the I-9 form remains the same where Section 1 must be completed by the employee’s start date and Section 2 must be completed within three business days of the start date.

Even though employers are still able to document I-9’s virtually, it is recommended to switch to in person verification as soon as possible to prepare for the termination of this flexibility. When normal operations resume, the employee’s documents who were verified remotely must be reviewed within 3 days of the return to the workplace. Read the Form I-9 extension here.

Coronavirus, Employee Recognition, Engagement, Morale

Has COVID lowered employee morale?

Last year was a brutal year on all of us as we went through a global pandemic and experienced drastic changes to our typical lives. People’s lives changed, how we do work changed, and the way we see the world has changed. Specifically, the workplace has been changing continuously to fit the needs of safely working, so we would not spread the virus, while employees had to become more flexible and accommodating. Working from home has become more common, face covering mandates implemented, and social distancing are all situations we have become familiar with as a society. Now that we are almost halfway through 2021, we are beginning to see a light at the end of the tunnel for COVID as we watch live events return, vaccines become readily available, and COVID cases lowering every day.

With this shift back to normalcy, we need to remember that we are overcoming a very difficult year and unique situation. As employers, we need to ensure our employees are staying committed, engaged, and satisfied in the workplace. Recently, we had a client express that her employee’s morale has been down since COVID began, and it would not be surprising if other companies have experienced the same thing. Have you noticed a morale change in your employees due to COVID?

What is employee morale and why is it important? Employee morale is the satisfaction, mindset, and the overall outlook of employees while they are working for your company.  Employee satisfaction increases their engagement at work, and high morale tends to lower turnover, increase productivity and create a comfortable working environment.

Here are some ideas to shake off COVID fatigue and boost employee moral:

  1. Give Employees a Voice

Make sure that you are listening to your employees with their comments, questions, and concerns. Boosting morale could be from simply letting them have decision making opportunities, like event planning for giving back to the community. Letting the employees take over holiday decorating, non-work fun events, or gathering food for a food drive is a perfect way to engage employees and have fun while doing so.

  1. Employee Recognition

Employees love to be recognized for their hard work and commitment. Treating employees to a surprise lunch, throwing an employee recognition party, or a simple shout out can brighten the mood. One of the main ways to appreciate your workers, that is often forgotten about, is to just say thank you! Saying thank you is a short and straightforward way to show your gratitude for their effort and dedication.

  1. Survey Your Employees

Employee surveys can be a beneficial way of finding out if there is something that is not working in your company. Seeking to measure employee satisfaction can help you figure out if you need to work on boosting morale. It also involves your employees and demonstrates that their voices are being heard.

  1. Be Creative!

Think outside of the box when you are trying to find ways to improve optimism and satisfaction at your workplace. Ideas can include creating custom crossword puzzles for employees, have a day where you allow the employees to dress casually, or create meetings where donuts and coffee are provided, and allowing the employees to speak about their favorite topics. It does not take much to make your employees smile!

consultstu, HR Resources, Human Resources

Consultstu Welcomes New Team member!

We are excited that Sara Hinton is joining our team at Consultstu as a Human Resources Coordinator starting Monday, May 10. Sara will be graduating from Santa Fe College with a Bachelor’s degree in Applied Science in Human Resource Management. She will provide human resource services and support to our clients. She can be reached at the main office number (727) 350-0370 and her email is [email protected]. Please welcome Sara to the team!

EEO-1 Form, EEOC, HR Compliance, Record Keeping

2019 and 2020 EEO-1 Data Collection is Now Open

The Employer Information Report EEO-1 Component 1, or the EEO-1 Component 1 Report, is now open (April 26). The deadline to submit and certify the EEO-1 Component 1 Report is Monday, July 19, 2021. Organizations can file their information through the new EEO-1 Component 1 Online Filing System. The new website is easier to use and contains more information for employers.

Previous filers will receive their company’s annual notification letter by U.S. mail. The letter will include your company ID and passcode, which are required to create your company’s account in the new Online Filing System. All companies will need to create an account in the EEO-1 Component 1 Online Filing System.

Eligible companies are required to first file and certify the 2019 EEO-1 Component 1 Report, then file and certify the 2020 EEO-1 Component 1 Report after the 2019 report is submitted. Companies must file the EEO-1 Component 1 Report for 2019 and 2020 if they were in business and met the filing requirements for that year.

Click here to answer 4 questions to determine if your company needs to file.

What information do you need to file an EEO-1 Report?

  1. Company ID and passcode (provided via U.S. mail for previous filers or at registration for new filers)
  2. Company EIN, NAICS Codes, and DUNS Number
  3. Address and EINs of all establishment locations
  4. Count of all full and part-time employees during the workforce snapshot pay period selected by the employer
  5. Sex and race/ethnicity of all employees
  6. Job categories of all employees

The EEO-1 Component 1 Filer Support Team is available Monday-Friday 9:00AM-8:00PM EST. You can contact the Filer Support Team at [email protected] or toll-free at 855-EEOC-035 (855-336-2035).

Have questions about Human Resources, or think your company might be interested in fractional HR services, give us a call at (727) 350-0370.

ARPA, COBRA, Coronavirus, Department of Labor, Employee benefits, Group Health Insurance, HR Compliance, IRS

New COBRA Subsidies in the American Rescue Plan (ARPA)

President Biden has signed the massive American Rescue Plan Act of 2021 (ARPA), which includes a federally-financed COBRA subsidy that is available for up to six months for eligible individuals. The COBRA subsidy will be available beginning on April 1, 2021 and end on September 30, 2021. Further guidance will be coming from the DOL and IRS, but is some basic information.

Who is eligible? Individuals (who are qualified beneficiaries) who were involuntarily terminated from employment or had a reduction of hours. So, employees that quit, or voluntarily left employment are not eligible for the subsidy. Assistance eligible individuals (AEIs) include employees plus affected spouses and children.

  • Individuals previously eligible for COBRA coverage, but who did not elect COBRA and have coverage that would have extended into the subsidy period.
  • Individuals previously eligible for COBRA coverage, elected, but dropped coverage for non-payment, and have coverage that would have extended into the subsidy period.
  • Individuals who are or become eligible during the subsidy period.

What coverage is eligible for the Subsidy? The subsidy will include all health coverage for which COBRA must generally be provided with the exception of health flexible spending accounts (FSA). Subsidized coverage will be for dental and vision coverage, as well as medical coverage. And, the subsidy will also available for continuation coverage required by State “mini-COBRA” laws.

What is the subsidy period? The COBRA subsidy begins April 1 and ends September 30, 2021. An employee’s eligibility period for the subsidy may end prior to September 1, when their 18 month maximum coverage period ends based on their original qualifying event (for instance, employee was laid off February 1, 2020, the 18 months of COBRA would end July 31, 2021 – so subsidy would end July 31, 2021).

New Election Period Starts April 1, 2021. Although employers do not have a Model Notice for the Extended Election Period from the DOL, an Assistance Eligible Individual (AEI) must be given a new 60 day election period for COBRA, starting April 1, 2021. SO, individuals that did not elect COBRA, or dropped COBRA get a new chance to enroll in COBRA and get the subsidies.

How much is the subsidy? Depends. There will be some rules about the enrollment options available to the AEI, and the group health plan will cover the cost, which will be reimbursed (including the administrative fee) by the Federal government via a payroll tax credit. So, the subsidy amount will vary by employer, based on the cost of coverage.

Regularly check the DOL – COBRA webpage for news and updated forms.

Contagious disease, Coronavirus, HR Compliance, Human Resources, Vaccines

Fake COVID Vaccine cards – really?

Apparently, there is a market for fake vaccine cards online and sellers are charging hundreds of dollars. Really…? Posts have started to appear on Twitter, Instagram, and eBay, and other e-commerce sites, for fake vaccine cards, even though the blank CDC cards are readily available on the internet, including various public health sites. There are also an unlimited number of online images showing what a completed CDC Vaccination card should look like. So, there is nothing to stop a person from making their own vaccine card and showing it off as official and authentic.

Did you know that using a fake COVID vaccine card with the CDC logo is illegal? Today, the Federal Bureau of Investigations (FBI) released a special alert stating “if you did not receive the vaccine, do not buy fake vaccine cards, do not make your own vaccine cards, and do not fill-in blank vaccination record cards with false information.” The FBI further warns that “by misrepresenting yourself as vaccinated when entering schools, mass transit, workplaces, gyms, or places of worship, you put yourself and others around you at risk of contracting COVID-19.”

Further, the FBI advised that the unauthorized use of an official government agency’s seal (such as HHS or the Centers for Disease Control and Prevention (CDC)) is a crime, and may be punishable under Title 18 United States Code, Section 1017, and other applicable laws. The Federal Trade Commission also advised against posting a photo of your vaccination card on social media because it discloses personal information, and you could be inviting identity theft.

Read more about COVID-19 vaccines from the CDC and the Florida Department of Health.

Coronavirus, Employee Policies, Hiring, HR Compliance, I9 Form, Immigration, New Hire, USCIS

How to Fix I9s Completed for Remote Employees Because of COVID-19

Since March 20, 2020, the Department of Homeland Security (DHS) has given employers flexibility when completing I9 forms for employees that are working remotely because of COVID-19 safety precautions. The physical presence requirements associated with the Form I9 (it is required to physically review the original employee identity and employment authorization documents) were relaxed to accommodate employers that were not physically meeting with new hires due to COVID-19. Employers were allowed to inspect the Section 2 documents remotely (such as video call, fax and emailed copies) within 3 business days and retain the copies of the documents. Employers were advised to enter “COVID-19” as the reason for the physical inspection delay in Section 2 “Additional Information” field. Starting April 1, 2021, the requirement to physically inspect employee’s documents to complete the I9 Form only applies to those employees who physically report to work at a company location on any regular, consistent and predictable basis. Read March 31, 2021 update.

If employees hired on or after April 1, 2021, work exclusively in a remote setting due to COVID-19-related precautions, they are temporarily exempt from the physical inspection requirements associated with the Employment Eligibility Verification (Form I-9) until they undertake non-remote employment on a regular, consistent, or predictable basis, or the extension of the flexibilities related to such requirements is terminated, whichever is earlier.

How to fix I9s for remote employees? In person review of identity and employment authorization documents that was postponed for remote employees must be corrected, once onsite operations restart, or the DHS flexibility policy ends. Follow these 3 steps:

  1. Once normal operations resume, all employees who were onboarded using remote verification must report to their employer within three business days for in-person verification.
  2. Maintain written documentation of the company remote onboarding and telework policy, and keep a copy with the I9s.
  3. Once the documents have been physically inspected, the employer should add “documents physically examined” with the date of inspection to the Section 2 additional information field on the Form I-9.

Possible Solution for Remote Employees: Employers may designate an authorized representative to act on their behalf to complete Section 2 (and have in person review of the I9 documents). An authorized representative can be any person the employer designates to complete and sign Form I-9 on their behalf. An employer is still responsible for violations connected to the actions of its authorized representative. 

E-Verify, Employee Handbook, Human Resources, I9 Form, Immigration, Retention, USCIS

Did your Publix I9 Immigration Certification Letter expire?

Recently, a Florida Publix vendor contacted our office in need of an updated annual I-9 Immigration Certification Letter. The Publix Contract Management team had notified the company that its annual certification letter had expired and if it was not updated, the company was at risk for having its services being halted until received. Consultstu responded quickly, completed the I9 Review and submitted the company’s updated Certification Letter to the Publix Contract Management Team.

We offer a completely remote Immigration and I9 review process that gives clients thorough and accurate feedback about their Form I-9s, supporting documents and E-verify documentation.

Here are some tips for improving your I9 compliance:

  1. A completed Form I9 is required for all employees. The employees must complete and sign by the end of their first day of work, and the company representative must complete and sign by the 3rd day of employment.
  2. Blank sections should be noted with “n/a”
  3. No I9 Form is needed for any employee hired before November 6, 1986.
  4. The translator box should be checked either yes or no.
  5. Errors can be corrected by lining out the incorrect information and adding the new information, then initial and date the change.
  6. Don’t forget to add the employee’s name and immigration status on the top of page 2.
  7. Florida law now requires that employers keep copies of the employee work authorization documents.
  8. If you rehire an employee within three years of the date of the initial execution of his or her previous I-9 form, you can complete a new I9 form, or you can rely on the previously completed I9 form (if it shows continued eligibility), and use Section 3 with the date of rehire.
  9. Do not update Driver’s Licenses and Permanent Resident cards that expire.
  10. If the I9 retention requirement is confusing, use the simple retention worksheet found in the Handbook for Employers M-274.

Contact Consultstu at (727) 350-0370 to schedule your annual (new or updated) Publix Immigration Review and I-9 Audit and receive your certification letter from a qualified third party.

Construction, E-Verify, Florida rules, HR Compliance, I9 Form, Immigration

Florida’s New E-Verify Law

On January 1, 2021, Florida joined a growing number of states that mandate some use of E-Verify for certain employers. Last year, Governor Ron DeSantis signed legislation that requires all public employers, including local school districts, public universities, and colleges, and state and local agencies, as well as their private contractors, to use E-Verify. The new law took effect on January 1, 2021. Read the new law.

What is E-Verify?
E-Verify, a federal electronic database, is used by employers to confirm the documentation provided by new hires and to establish lawful employment eligibility are in fact valid (by checking against federal databases).

What Florida employers are required to use E-Verify starting January 1, 2021?

  1. Every Florida public employer, including local school districts, public universities, and colleges, and state and local agencies, must enroll in and use the E-Verify system to confirm the eligibility of all new employees after 1.1.21.
  2. Contractors and subcontractors that have contracts with public employers. Public contracts now require an E-Verify certificate. Any subcontractor working on a public contract must provide the contractor with an affidavit (which must be retained by the contractor during the duration of the contract) stating that the subcontractor does not employ, contract with, or subcontract with unauthorized aliens.

Private employers are not required to use the E-Verify system unless they have a contract with a public employer, or they apply for taxpayer-funded incentives through the state Department of Economic Opportunity.

Special Note: The new Florida law reaffirms that all employers must still complete and maintain “I-9 Employment Eligibility Verification forms for all hires. Any private employer who does not use E-Verify must now maintain copies of the employee’s employment eligibility documents used to complete the Form I-9 for three years. This is optional under federal law.

What happens if an Employer Violates the new rules?

Failure to comply with the law can result in suspension or permanent termination of your Florida business license(s).


Construction, HR Compliance, I9 Form, Immigration, No-match letter, Record Keeping, Social Security card, W2

SSA “no-match” Letters Return in 2021; 4 Steps to Respond

After taking a pandemic related break in 2020, the Social Security Administration (SSA) is resuming the practice of sending “no match” letters to employers, according to experts. A “no match” letter is a written notification by the SSA to an employer that there is a discrepancy between a workers’ social security number (used on W2 form) and government records.

If your company receives a “no match” letter, read it carefully. It does not mean that the employee is not authorized to work in the United States, and the letter is not definitive proof that the employee needs to be terminated or suspended right away. Mismatches can result from a variety of reasons, including typos, name changes, or identify theft issues.

However, experts recommend that companies take action in response to a “no match” letter. The letter requests that the company takes the following action: (1) review the discrepancies through the designated SSA online portal; (2) inform the employee about the discrepancy; and (3) submit a corrected W-2C, with the corrected information, within 60 days. The letter also says that if the discrepancy is not addressed, an employer can face serious immigration compliance issues.

Here are the 4 steps we recommend for employers to take:

  1. Register on the SSA online portal to identify the workers’ with the discrepancies. Double-check employee hiring documents to verify that the payroll system is using correct information.
  2. Inform affected employees about the “no match” letter (letter template is available for Consultstu clients) in writing. Advise the employee to contact the SSA to review the situation and correct their records.
  3. Stay in contact with the employee and review documentation submitted to correct the mismatch.
  4. Submit corrected W2s, as needed. Determine if employment action is needed if the employee does nothing and takes no action.

In addition, depending on the situation, employers may choose to conduct a self-audit of its I9 forms. Here is guidance for employers conducting self-audits of I9 forms.

Need on-going HR support?
We have affordable HR retainers that offer a unique alternative to full HR outsourcing or the hiring of a full time HR employee. We design unique solutions to match your business strategy and budget. We have a proven track record of helping companies from many industries. We listen and probe to understand your needs and goals, before we offer recommendations and realistic solutions.
Contact Us Now