14 minute read
Surviving the I-9 Audit
By Bill Cook
Immigration has been a major issue for decades and it will be an even bigger one over the coming year. The previous spring push produced a 400% increase in audits. Penalties of $50, 000 plus were common. The next big push is scheduled to begin after the upcoming Covid-19 audits.
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Most companies we’ve talked to had no idea whether their I-9 program would pass an audit or not. After all, it is a government project with lots of paperwork. The smart move is to do your audit before they do. Here’s are the things we’ll look at: • What triggers an I-9 Audit? How are companies selected? • What are they looking for? • Correcting mistakes • The No-Match-Letter • A basic guide for the I-9 process
What triggers an I-9 Audit? How are companies selected?
Most NOIs (Notice of Inspection) are at random, but there are targets. • Larger, high profile companies (publicity sends a message) • Companies with many hourly paid employees. • In response to complaints from employees, ex-employees, clients and the public.
What are they looking for?
They want to examine your process and look for errors. • Unsecured I-9s (not filed separately and secured) • Missing I-9s • Missing documents • Unacceptable documents • Expired documents • Documents with errors • Your requirement for, and adherence to E-verify (Are you required to E-verify and/or did you follow the procedures?)
Correcting Mistakes
• Examine all I-9 forms: o Look for any employee without an I-9. o Expired documents o Any errors or missing information. • You may correct a mistake or prepare a new form as you choose. But, unless it’s for a new employee, keep both forms. Attach a short note explaining the action and date it. Never back-date. • Line-over any incorrect item. Then enter the correct information, attach a note and date it. Never back-date. • If you’re missing an I-9 form for an employee, immediately provide the employee with a new form 1-9. Allow the employee three (3) business days to complete and provide acceptable documents. Attach a note explaining the action. Use the current date. Do not back- date.
The No-Match Letter
The No-Match Letter comes from either the Social Security Administration (SSA) or The Department of Homeland Security (DHS). It will inform you that the name you provided does not match the SS# you provided. It will assume that you may have made a mistake and, if so, to correct it. Do Not Ignore This Letter! Your employee will have received a similar letter advising him to contact the SSA office.
The rules on No-Match Letters have changed significantly.
You may not terminate or otherwise adversely impact the employee as a result of this letter.
Follow the directions in the letter which will advise you to visit the SSA website.
These are the new rules:
1.Review your records that were used to send original information to them. • Look for misspelled names. • Look for missing first, last or middle names. • Missed information, blank spaces, (Note that blank spaces are now allowed on the new I-9 form where applicable. typographical errors, any instructions not followed etc.
2.If the employee has names that were not used on the original documents, add those names, explain and resubmit. You can do that by preparing a new W2 or whatever document was originally provided and mailing it to them.
3.After document correction or review processes are complete, explain everything to the employee. Do not terminate. Treat matter as merely procedural. • Advise the employee to go to the local Social Security (SS) office to straighten it out. If he/she does, SS may give him/her a letter saying they are reviewing it. • When the employee shows you that letter, just follow what it says. • If instead, the employee says he/she
mistakenly gave you the wrong number, and brings you a new SS#, accept it, prepare a new W-2 and resubmit it. • Allow the employee 120 days to resolve the issue.
Note; you are no longer required or allowed to terminate because of this letter. And you may not require the employee to reverify their I-9 form. They may do so if they choose, but you may not require it.
The document will indicate that this is for your information. They are offering you their on-line-tool to report any issues, but you are not required to use it, nor to respond to this document.
If you can’t resolve the discrepancy, you can just stop trying. They (Social Security) are not going to pursue you for this. They may later send another reminder but are not requiring you to take any action.
You may allow the employee 120 days to resolve the issue. At which time you should discuss it with him again urging him to do so.
However, unless you or the employee resolves the discrepancy, the EE will not be credited with SS retirement benefits.
A Basic Guide for the I-9 Process
1.All I-9 s must be kept separate and secure. 2.Only you and your assistant and the owner can have access, no supervisors or managers 3.The employee must fill out the form on the first day of employment or earlier, if a valid offer of employment has been accepted. 4.The employee fills out the form. If he/she is unable, then a supervisor or designated employee may do so. That person must identify themselves on the form. 5.The candidate has the choice of which specific documents they will provide. You cannot tell them which documents you choose to accept. 6.You, the employer, must complete the Employer Certification no later than three (3) business days after employee begins work or earlier if a valid offer of employment has been accepted. You must examine the original documents. They must be unexpired. 7.You are not required to keep copies of the candidate’s provided documents. You may keep them if you wish, but if you keep even one, you must keep them all. 8.You must retain all I-9 forms for three (3) years after the hire date OR for one (1) year after employee terminates, whichever is later. 9.If you participate in the E-Verify program, you must do so for all employees.
The Pre-audit: In some cases, ICE will contact you and ask you to describe your I-9 program. They often use this as a means to decide whether or not to do a full audit. The information above is the kind of response they’re seeking.
The Covid-Relief Virtual I-9 rule has been extended through May 31, 2021. This extends the right to verify and complete I-9 forms for remote employees only by email, FAX, video or virtual.
The current I-9 form for 2021 is required. It will expire on 10/31/2022 and is available at https://www.uscis.gov/ sites/default/files/document/forms/i9-paper-version.pdf
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Is the missing piece worth THE RISK
Other propane owners have come to our agency to get help with connecting their insurance pieces:
1) Some have grown frustrated with the lack of timely response and personal service from their current agent. 2) Many have discovered a missing piece of coverage after meeting with us.
3) Most tell us they have no idea what companies insure their industry and are surprised to learn there are multiple options available.
Steve Johnson
Owner Johnson’s Testing Service
“Before we met Rusty we didn’t know there were Insurance companies that would compete for our business. Rusty is always looking for the best options available for our business and the propane industry. He has also explained our policy coverages to us in a way that others haven’t. We recommend Rusty and Marshall Young Insurance to any owner looking for options and personal service for their business.”
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People in Propane
Ernest “Pat” Blanton, 79, of Enid, OK, passed away on March 22, 2021. Mr. Blanton attended The University of Oklahoma and played football for OU during his freshman year. After college, Pat worked with his father. He was a Texaco distributor and owned Texas Propane Company. He loved to play golf and inherited that skill from both his mother, who was inducted into the Oklahoma Women’s Golf Hall of Fame, and his father who was also an excellent golfer. He had love for all animals, cars, fixing and building things, and always kept himself busy with projects. Our thoughts and prayers go out to the family at this time. Memorials may be made through Anderson-Burris Funeral Home to National Mill Dog Rescue (Colorado Springs) where his sister is the Grooming Team Leader and volunteer.
Max Craig, 82, of Granbury, TX, passed away on April 2, 2021. Mr. Craig proudly served his country in the US Air Force. He was president of Joe Ryder and Cleburne Propane. He spent time with his family and taking them on trips. Max loved snow skiing, playing golf and eating chocolate ice cream. Our thoughts and prayers go out to the family at this time.
Flame King Recalls Hog 100-Pound Propane Cylinders Due to Fire Hazard
Description: This recall involves involves Hog 100-pound Propane Cylinders. The cylinders are white and have built-in wheels. The cylinders can be identified by serial numbers 000001 through 002800, stamped on the unit’s collar. UPC 850015730016 and SKU YSN100HOG are printed on the box. There is a sticker on the cylinders with a warning not to fill unless the unit is standing up.
Remedy: Consumers should immediately stop using the recalled propane cylinders and contact Flame King for a full refund or free replacement.
Incidents/Injuries: No incidents or injuries have been reported.
Sold At: Online at www.amazon.com www.wayfair.com, www.ebay.com, www. homeDepot.com, and www.walmart.com from January 2020 through October 2020 for about $250.
Importer(s): Flame King, d/b/a YSN Imports Inc., of Pico Rivera, Calif.
Recall number: 21-100
Consumer Contact: Flame King toll-free at 844-464-8265 from 8 a.m. to 5 p.m. PT Monday through Friday, email at recall@ flameking.com, or at www.flameking.com/ hogrecall or www.flameking.com and click on “Product Recalls” located at the bottom of the page for more information.
May Bowling Tournament to Benefit LPG Charity Fund. Sign Up!
The Tom Garner Memorial Bowling Tournament, benefitting the LPG Charity Fund, invites you to play a “No Taps” tournament, which means you can score a
strike simply by knocking down nine pins.
The tournament is set for 11:30 a.m. on May 13, 2021 at AMF Willow Lanes (19102 State Highway 249) in Houston.
Bowlers in the tournament will play two “No Taps” games with 5 people per team.
There will be cash prizes of up to $2,000 for players who bowl two perfect “No Taps” games and up to $1,000 for players who bowl one perfect “No Taps” game.
Due to the limited number of lanes, bowlers will be accommodated on a first come, first serve basis. You may sign up as an individual or bring your own five player team.
Spectators and lunch guests (pinsetters) are welcome with a reservation.
Visit https://lpgfund.com/index.php/ event-calendar/bowling and scroll down to complete the online registration form. The non-profit, LPG Charity Fund’s purpose and goal is to assist members of the LPG and gas processing industry during times of need including catastrophic medical expenses and/or financial need such as temporary living expenditures or funeral expenses. LPG Charity raises money through fundraisers like this bowling tournament as well as through individual contributions and corporate sponsorships.
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Garrett Insurance Agency, Inc Formerly, Southern Star Insurance Agency, Inc Cecil Joiner, Risk Manager cecil@garrettinsurance.com 936-756-2222 www.garrettinsurance.com
PetroStar Equipment Resources Purchase & Sale Pre-Owned Propane Tanks 5,000 gallons to 90,000 gallons
FOR SALE (1) 45,000 gallon, 250 psi, saddles (2) 18,000 gallon, 250 psi, skidded, 2008
Contact: Jim Oliver 936-755-6108 petrostar@pdq.net
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For Advertising, contact: Joanne Pantaze at 512-273-2639 or by email at jpantaze@pvco.net
CHERYL@LONGHORNPROPANE.COM or WENDY@LONGHORNPROPANE.COM, 830-964-2525
MAY
10 Texas Propane Magazine New Ads Due
13 LPG Charity Fund Bowling Tournament
Houston, TX
18-19 PERC Advisory meeting
Virtual
31 PERC Sales of Propane Survey Due
31 TPGA & PSC office closed for Memorial Day
JUNE
1 TPGA Scholarship Deadline 6-9 2021 Presidential Forum, NPGA Annual Meeting, & Propane Days 10 Texas Propane magazine New Ads Due
23-26 Hearth, Patio & Barbecue Expo
All-virtual event
JULY
5 TPGA & PSC office closed for Independence Day 9 Crossroads Early Bird Registration Ends 21 Crossroads Group Hotel Discount Cut-off
AUGUST
12-14 2021 Crossroads TPGA Propane Expo & Conference
Corpus Christi, TX
BLT Tanks 19
Cordell Insurance 27
Cunningham Gas Products 15 Ferrellgas 17 Fisk Tank Carrier Inc.
Outside Back Cover
Gas Equipment Company 21 Lone Star Energy Group 29 Longhorn Propane 28 Lumbermen’s Insurance Agency 21 Maquinado de Equiposy Tanques SA de CV 13 Marshall Young Insurance 25 Meeder Equipment Co. 5 Pinnacle PropaneInside Front Cover Propane Service Corporation 24 Rural Computer Consultants 27 Westmor Industries 26
White River Distributors 16
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Propane Powers Blacksmithing Forges
Have you watched an episode of “Forged in Fire”? The American competition series airs on the History channel. In each episode, four bladesmiths compete in a three-round elimination contest to forge bladed weapons, with the overall winner receiving $10,000 and the show’s championship title “Forged in Fire Champion”. The eighth season premiered in November 2020, and the show has attracted new professionals and amateurs from around the world.
And while the show relies a lot on good old fashioned “fire” (which is in the show title), it can come as no surprise that people actually doing ironwork often rely on propane to provide consistent heat for their projects.
Dennis Meyers, the founder and owner of Diamondback Ironworks, began his metalworking career in 1990, as an entry level fabricator in a shop producing commercial lawnmowers. After years spent honing various aspects of his craft and learning from many mentors, he began his own business building propane-powered forges.
So what does one need in a gas forge? It depends on the work: knifemaking, architectural ironwork, metal art/sculpture, general blacksmithing, bladesmithing, or forge welding. Diamondback provides several different levels depending on users needs.
The SERIES 1 Forges are great entry level forges, priced right for folks just wanting to get started. The SERIES 2 Forges are a step up from the SERIES 1 models. They are insulated with 2600 degree Insulating Firebrick on the walls and ceiling and the floors are Dense Ceramic. These are ready and willing to forge weld, even the Single burner reaches welding heat. These should last for years and years of regular use.
The Series 3 Forges are full featured forges, and come in two different models. The Blacksmith models are ideal for the production shop and general blacksmithing.
The Knifemaker models are incredible. The heat output is amazing. These are the hottest, most efficient forges in Diamondback’s line-up. The floor is flux resistant 3200 degree dense ceramic, the walls and ceilings are Vacuum Formed Insulating Ceramic.
A special THANK YOU to TPGA Past President Jack Walzel of TriCo Propane for hosting the 1st Quarter Meetings at his home in Buckholts, Texas.
TPGA Associate Producer/ Marketing Gas Director Anna May Etheredge, TPGA Sr. Technical Director Richard Gilbert and TPGA Technical & Standards Director Lon Holloway prep for TPGA committee meetings. TPGA Vice President Matt Terry of SHV-Pinnacle Propane; Past President John Walter of Schneider Distributing; District 1 Director David Collett of Gas & Supply; Troy Hicks of Squibb Taylor; Jim Fulton with 4J Energy; and Legislative Affairs Committee Chair Crystelle Markley of Superior Energy break for lunch during the TPGA 1st Quarter Meetings.
TPGA District 8 Director Rodney Sladek of Fayetteville Propane and Ronnie Kelley of Meeder Equipment catch up at the TPGA 1st Quarter Meetings.
TPGA President Josh McAdams of McAdams Propane welcomes everyone to the March 30, 2021 TPGA 1st Quarter Board & Committee Meetings.
