1. Aire-Master Regional Conference Human Resource Compliance Presented by Wes Garnett Hilton Hotel Phoenix, Arizona February 16, 2013

2. Presentation Objectives At the conclusion of this presentation, you will be able to: Know when a Form I-9 and Affirmation Form needs to be completed Know the employee’s and employer’s responsibilities in completing the Form I-9 and Affirmation Form Complete the Form I-9 and Affirmation of Legal Work Status Form Store and maintain the required acceptable documents after the hire Know the requirements of the Fair Labor Standards Act Know the requirements for the different Employee Classifications

3. Federal Form I-9

9. Storage and Maintenance Requirements STORAGE RECOMMENDATIONS Binder/Folder 1: Current Employees’ Form I-9 Binder/Folder 2: Terminated Employees’ Form I-9 Binder/Folder 3: Current Employees’ State Immigration Forms – Affirmation of Legal Work Status Binder/Folder 4: Monitoring Form I-9 Binder/Folder 5: Company policies / Communications Regarding Employee Compliance

10. Penalties & Fines Civil Penalties: Knowingly hiring or keeping as an employee an unauthorized alien is punishable under the regulations by a fine of: $250 - $2,200 for first violation $2,200 - $5,500 for second violation $3,300 - $11,000 for a third or subsequent violation Other violations can lead to civil fines: $110 - $1,100 per violation A pattern or practice of violations can lead to a criminal fine of up to: $3,000

11. Colorado Division of Labor State of Colorado: Affirmation of Legal Work Status

13. Affirmation of Legal Work Status Form The forms must be retained by the employer for the duration of the employee’s employment The employer must produce copies of the form to the Colorado Division o Labor upon request, but does not have to submit forms absent a request

14. Storing and Maintaining Documents Store Affirmation forms in a separate binder –Colorado Department of Labor – Enforcement Division –Affirmation form and all related documents –Alphabetical order in the binder –Affirmation form can be disposed of at separation/termination

15. Fair Labor Standards Act

16. Fair Labor Standards Act Non Exempt Employees Exempt Employees Independent Contractors

17. Fair Labor Standards Act Non Exempt Employees : –Hours exceeding 40 per week and 12 per day –Hours calculated weekly –Weekly hours worked are not averaged

18. Fair Labor Standards Act Exempt Employee : –Must meet the (3) basic Tests for exemption Salary Test Primary Duty Test Responsibility Test

19. Fair Labor Standards Act Independent Contractor :

20. Questions & Answers