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| August 2007

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Do your HR records match up with new immigration policies?

Posted by Matt Kucharski on August 29, 2007 at 3:47 PM

This from Paul Omodt, one of the leaders of our crisis and critical issues practice:

Here is a quick summary of new federal employment regulations that primarily deal with ‘illegal’ workers. The soon-to-be new law calls for SSN matches and holds companies potentially liable if their employees are found to be ‘illegal’ or with forged documents. We have worked with two companies in the past two weeks on this issue as they have found problems with employee records. In one case, a manufacturer found that a high percentage of its workforce – who they thought were ‘legal’ -- were in fact unable to produce documents and became ‘illegal’ (even though most had 15+ years with the company). For those who have clients with diverse workforces, especially in manufacturing, agriculture, etc, it might be wise to see if they could be affected by this. My guess is most HR and legal departments know about this but the PR folks may not…

[update from law firm Faegre and Benson as background follows]

Update on U.S. Immigration and Customs Enforcement (ICE) Rule Change
NEW FEDERAL RULE REQUIRES EMPLOYER ACTION ON SOCIAL SECURITY NO-MATCH LETTERS
New immigration rules are going into effect that will require all U.S. employers to resolve Social Security no-match notices. Employers who fail to fire workers who are unable or unwilling to resolve Social Security discrepancies will face liability for employing unauthorized aliens. This new rule is designed to establish a clear national policy on what is expected of employers once they receive a Social Security Employer Correction Request, commonly known as a “no-match letter.”
If fully implemented and enforced, this new rule is expected to lead to the dismissal of hundreds of thousands—and, by some estimates, even millions—of workers, assuming the Social Security Administration (SSA) issues no-match letters on all name and Social Security number discrepancies in its database.
No-Match Letters
When employers send Social Security information on their employees to the SSA in the form of W-2 earnings reports, SSA confirms that the names and Social Security numbers match the information in the SSA database. If the name associated with a Social Security number in the database does not match the name submitted by the employer, the agency notifies the employer of the discrepancy by way of a Social Security no-match letter.
Federal rules had not provided a clear standard for an employer’s responsibility to respond to no-match letters, and many employers have failed to respond at all. In an attempt to compel employers to resolve no-match issues, Immigration and Customs Enforcement (ICE) published a proposed regulation in June 2006. Public comments were accepted through Aug. 14, 2006. A final rule has now been issued and will go into effect on Sept. 14, 2007.
Opposition to the new rule persists. On Aug. 27, a business coalition that includes the U.S. Chamber of Commerce, the National Restaurant Association, the National Retail Federation and other trade groups, asked that the Department of Homeland Security (DHS) and SSA wait at least six months before implementing the new rule. Additionally, various labor and immigrant rights groups are expected to file a lawsuit, possibly as soon as Aug. 31, in an attempt to block implementation of this rule.
To this point in time, however, DHS has rebuffed all calls for delaying implementation of the new rule and has indicated its intent to proceed based on the Sept. 14 effective date.
Expanded Definition of “Constructive Knowledge”
Under the Immigration and Nationality Act, employers may not “knowingly” hire or employ any individual who does not have authorization to work in the United States. The term “knowing” is not limited to an employer’s actual knowledge of an employee’s lack of authorization to work. The government can charge an employer with having “constructive knowledge” of an employee’s unauthorized status when the employee’s Employment Eligibility Verification Form (I-9) is missing or improperly completed, simply because the employer failed to comply with regulations governing employment eligibility verification.
The new regulation expands the situations under which an employer will be found to have constructive knowledge of illegal employment of unauthorized workers. Under the regulation, if an employer receives a Social Security no-match letter and fails to take “reasonable steps” within a prescribed period of time, and the employee identified in the letter is found to lack work authorization, the employer will be deemed to have constructive knowledge of the employee’s unauthorized status.
Safe Harbor Provision
The safe harbor provision of the rule describes “reasonable steps” that an employer can take upon receipt of a Social Security no-match letter to avoid a finding of constructive knowledge.
After receipt of a no-match letter, the employer must take affirmative steps to resolve the discrepancy identified by SSA.
First, within the first 30 days after receiving the letter, the employer must check its internal records and transmissions to SSA for clerical errors, such as misspelled names or typographical errors. If clerical errors are discovered, the employer must correct the error, inform SSA of the corrected information, and verify with SSA that the corrected name and/or Social Security number match the information in SSA’s database.
If the first step does not resolve the discrepancy, the employer must within that same 30-day period ask the employee to confirm that the name and Social Security number in the employer’s records are correct. If the employee identifies errors, the employer must correct its records and inform SSA of the corrected information. The employee has 90 days from the date the letter was received to address the discrepancy.
If the employee insists that the employer’s records are correct, the employer must ask the employee to deal with SSA directly to resolve the discrepancy. The employee must then return to the employer with evidence that the discrepancy has been resolved.
If the employer has resolved the error through its own efforts or with the employee’s cooperation, the employer should follow the instructions in the no-match letter to provide the SSA with an update. The employer must also verify that the error has been corrected by using the Social Security Number Verification Service (SSNVS) and retain a record of the date and time of verification.
If, within 90 days of receipt of the no-match letter the employer has not successfully verified with SSA that the employee’s name matches a valid Social Security number, and that the number is valid for work authorization, the employer will need to ask the employee to complete a new I-9 for that person to be able to continue his or her employment. The new I-9 must be completed by the 93rd day. If the employee chooses this option, the employer must verify the employee’s eligibility for employment just as if the employee was a new hire, with the following restrictions on the documents that may be presented:

The employee may not present a document containing the Social Security number that triggered the no-match letter to establish identity or employment authorization.
The employee may not present a document without a photograph to establish identity.
The employer must examine the new documents presented by the employee and determine whether the documents are genuine and establish that the employee is authorized to work in the United States. If the employee is unable to present genuine evidence of employment eligibility within 93 days of receipt of the no-match letter, the employer is required to terminate the employee. Failure to terminate the employee in this situation will expose the company to sanctions for the illegal employment of unauthorized workers.
Whether the final decision is to accept the employee’s evidence of work authorization or to terminate the employee for failure to resolve the Social Security number discrepancy, it is now important for all companies to establish a set procedure for responding to Social Security no-match letters that directly follows the safe harbor rules that go into effect on Sept. 14. It will also be critical to apply those procedures consistently in every case, and to keep meticulous records on the entire employment eligibility verification process.
Employer Access to Safe Harbor Rule and Information on Compliance
ICE has established a “Safe Harbor for Employers Information Center” at www.ice.gov. Employer representatives responsible for implementing the new regulations should access this site for more complete information, including sample copies of the SSA no-match letters as they will appear under the new rule.
Note to employers: A no-match letter will have the following caption at the top of the letter from SSA: “Social Security Administration: Retirement Survivors and Disability Insurance: Employer Correction Request.” SSA will now include an insert letter from ICE, with a warning of potential employer sanctions for failure to take action on SSA no-match notifications within 90 days.
Faegre & Benson’s employment and immigration law groups are available to advise employers on policies and employment decisions related to these new federal rules.

Author
Scott W. Wright, SWright@faegre.com

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Creative Articulation Before Art

Posted by Bob Brin on August 29, 2007 at 11:29 AM

Don't count on miracles when it comes to creative. Count on magic. All too often, we hope for miracles when it comes to creative, which is usually a waste of God's time, not to mention the creative staff.

Magic, on the other hand, is completely deliverable. But if you know any magicians, you know that it's all about science, practice and painstaking choreography of the performance. It looks magical because the magician sweats out the details long before the curtain goes up.

So do your research before and after the creative, meaning tapping into those scientific-minded researchers to get clarification on what motivates the audiences and test concepts.

Then, craft a creative brief. This document is every bit as creative a challenge as the copy or the design and should be given as much weight. Use it to articulate the creative vision and what outcomes you're trying to achieve to get the best results from your creative efforts.

Think of the creative brief or blueprint as a creative contract between the creative department, the account staff and the client. All must agree to it and it must be formally approved. It is actually a part of the creative effort and so I hesitate to hand it off to the account staff. Not because they're incapable, but because it should be a shared creation that gets the creative team involved earlier in the process. Ultimately, when the creative brief gets the client excited and they say, "Yes, you nailed it," you've created a work of art before the artwork begins.

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New-School Marketing

Posted by Jason Swartz on August 15, 2007 at 10:48 AM

An article from AdAge published earlier this week discusses a recent trend of marketing executives invading the personal digital-spaces of college kids everywhere through students’ favorite online hangout: Facebook.

What’s interesting is claiming that the Facebook bandwagon among marketers is not about selling stuff for clients, but for “their own communications and networking purposes.” I’ll use a geek-term here for my reply - ”LOL,” because it IS about selling stuff for clients. Any marketer justifying their time on Facebook as “research” backs up my point. What are their research discoveries being used for? My guess -- drum roll -- to sell products.

Agencies know they have to understand the new media world to market to younger generations. It’s ok to dive in, but let’s not kid ourselves by jumping into the deep end - spending hours “pimping our profiles,” when many of us just learned how to swim.

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A Free Trial of GoToHellWithYourCallousMarketing?

Posted by Matt Kucharski on August 15, 2007 at 9:27 AM

Passed along from a friend who questioned the ethics of this "news release." It's bad enough that this went out, but what's just as disheartening is the number of outlets that picked this up automatically just because it carried the right "key words." Any carbon-based journalist would have tossed this sucker in the trash or called the company out. I guess there is a downside to the "optimized" news release.

Citrix makes a good product, but how could this possibly have passed muster as a good idea? I'm imagining a conversation that went something like this...

Marketing Exec: A bridge collapsed in Minnesota. Can we sell stuff? We've got numbers to make.

Product Manager: Our product is perfect for those commuters who can't get to work. After all, they're victims too, and it'll increase our installed base and make the analysts happy. Let's give a "free" trial. It won't cost us a thing. It's a win-win!

Marketing Exec: Wow, you mean we can make money AND do our part?

PR Person: Let's do a press release!

sigh...

(Clipped portion of the actual release follows)

August 09, 2007 03:10 PM Eastern Daylight Time

Minneapolis Commuters Affected by Interstate 35 West Bridge Closure Can Still Access Office Computers from Home, Conduct Presentations and Training with GoToMyPC and GoToMeeting

SANTA BARBARA, Calif.--(BUSINESS WIRE)--Minneapolis-area commuters who rely on their office PC can avoid roadway detours – yet stay connected with their workplace, customers and employees – using remote access and online meeting services offered by Citrix Corporation for free. Citrix® GoToMyPC® allows workers to securely and easily access their workplace computer desktops from any other PC with an Internet connection, and use all of their files, e-mail and other applications just as if they were sitting at their desks.

The Minnesota State Department of Transportation has advised motorists to adjust their work hours in an effort to relieve highway congestion during peak commuting times. The department has also urged workers to telecommute if possible.

“We’d like to help Minneapolis commuters with easy-to-use telecommuting and online collaboration solutions,” said Bernardo de Albergaria, vice president and general manager, eCommerce, for Citrix Online. “Citrix Online offers a simple, highly secure way to connect to an office PC or present to a customer from the convenience of any computer with Internet access. We are inviting employees and employers to immediately begin using our remote-access services - free of charge for the next 60 days.”

The extended free-usage period includes...

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A "Typical" Minnesota Response -- We're Fine, Thanks for Asking...

Posted by Matt Kucharski on August 4, 2007 at 7:48 AM

Despite us having one of the best (or worst) vantage points in the area for observing Minnesota's response to Wednesday's bridge collapse, I found myself doing a poor job of truly capturing the essence for out-of-town friends. Then I came across this editorial from the Chicago Tribune. Read it if you want insight into a true Minnesotan.

August 2, 2007

WHEN MINNESOTA WEEPS...

Whatever the calamity and wherever its locale -- a hurricane in New Orleans, an earthquake in Central America, a famine in Africa -- this much is certain: The people, communities and congregations of Minnesota won't be outdone in their generosity of supplies, money and time at the scene. Helping others in need is part of the Minnesota ethos, a culture constitutionally incapable of proclaiming, "Me first."

So when a major bridge collapsed Wednesday evening in Minneapolis, one psychic reflex was to ask how the rest of us might help.

The early answer: The modern inheritors of a tough prairie culture's stoicism and self-sufficiency will handle their losses by themselves. If we can generalize: Asking for sympathy isn't in the emotional repertoire of the typical Minnesotan.

The fall of a high and wide bridge, and the resulting tumble of cars into the Mississippi River that flows from an upstate Minnesota lake, is a common phobia come horrifically to life. Commuters headed home after work, baseball fans bound for a Twins game -- all of them trusting in the tidy rituals of urban travel: We believe in the integrity of our bridges and roads, to the extent that we think about them at all, because few among us have ever seen one fail.

As residents of the Twin Cities metropolitan area mourn their casualties, there may be little tangible that those of us elsewhere can do to assist. If that is so, we at least can halt our own routines to acknowledge a troubling paradox: People who've given so much to so many now will bolster one another in their own hour of need. So it is when Minnesota weeps.

Minneapolis Bridge Collapse -- Photos From Padilla Speer Beardsley

Posted by Matt Kucharski on August 2, 2007 at 10:04 AM

Here's a link to photos of the Minneapolis Bridge Collapse taken from the roof of Padilla Speer Beardsley's building this morning.

Across the parking lot from us is the Red Cross Minneapolis Headquarters, and beyond that is the site.

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Bridge Collapse -- Everyone at PSB Minneapolis Okay

Posted by Matt Kucharski on August 1, 2007 at 9:59 PM

For those of you who follow this blog, we wanted to let you know that all Padilla Speer Beardsley employees in the Minneapolis office are safe and accounted for. A team of us have been here at the office implementing our own little crisis response plan.

It's a pretty amazing scene here -- the collapse happened about 2 blocks from our offices just as people were leaving work. We have a bird's-eye view of the emergency response effort, and the amount of coordination and professionalism of the emergency response teams is pretty remarkable.

Thanks to all for your kind voicemails, emails and texts. We'll keep you up to date if anything else transpires.

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