MEMORANDUM

 

TO:                 All Principal Investigators & Project Administrators

 

FROM:           Renee Doi

                        Human Resources Manager

 

SUBJECT:   Temporary & Intermittent Appointment Job Level/Pay Rate Matrix

 

The RCUH established a set of standards for temporary and intermittent positions that will provide PIs with a set of guidelines to ensure consistent pay rates for jobs within the RCUH. We are receiving requests for temporary and intermittent hires that range from very basic to very high level.  Often times, the pay rates being used are not based on an objective criterion, and may cause a pay inequity amongst regular staff (i.e., temporary employee getting paid more than regular employee to do the same job). 

 

Effective April 1, 2011, we will be using the new Temporary & Intermittent Appointment Job Level/Pay Rate Matrix to determine the most appropriate job title, pay range, and pay rate for all temporary and intermittent hires. This matrix is to be used as a guideline and will not be limited to only these positions.

 

You may find this Temporary & Intermittent Appointment Job Level/Pay Rate Matrix in our Policy 3.210 Employing People through RCUH.

 

How to utilize the matrix:

• Determine which position best fits your needs based on the matrix.
• Indicate the “Requested Job Title” on the online position requisition form (PRF) as it is presented in the matrix (click to view sample screen).
• On “Non Reg Hire 2” panel, copy/paste the description from the matrix into the “Brief description of work to be performed” box, also indicating the pay grade (click to view sample screen).
• Pay Rate: Based on the pay grade, you will need to determine the rate of pay. Similar to regular recruitments, if you are requesting a salary above the midpoint, you will need to provide a salary justification. RCUH will conduct an internal equity review to ensure that there are no pay equity issues.

 

NOTE: You will not be limited to only the positions listed on the matrix. You may utilize already established regular positions as a base model for recruiting temporary/intermittent positions.

 

In the near future…

• Implementation of this matrix to be embedded within the non-recruited position requisition form (NR PRF) online through the Human Resources Administrative Management Portal (HRAMP).
• Expansion of this matrix to be based on other frequently used temporary and intermittent positions.

 

Questions??

Any questions regarding the procedure on initiating a non-recruited hire, please contact Sharon Vong at (808) 956-7307. Any questions regarding the Temporary & Intermittent Appointment Job Level/Pay Rate Matrix, please contact Renee Doi (808) 956-7241 or Branda Nguyen (808) 956-9847.

 

Temporary & Intermittent Appointment Job Level/Pay Rate Matrix

The Resource

Volume 14 Issue 3
March 22, 2011

 

 

“LIGHT DUTY” REQUESTS

As a reminder, all requests for light duty accommodations MUST be coordinated with your supervisor and the RCUH Human Resources (HR) Department. A Job Physical Analysis (JPA) form must be completed and reviewed BEFORE you will be allowed to return to work.  This is to ensure that your physician is fully aware of your essential job duties and functions before making a determination on whether you are able or unable to perform these duties/functions safely. 

 

Employees are NOT authorized to return to work on light duty status without first receiving approval from the RCUH HR Department. If you have any questions, please contact Kristen Stevens at (808) 956-6979 or [email protected].

 

REVISED CONFIDENTIALITY REQUIREMENTS FOR PERSONAL IDENTIFIABLE INFORMATION ACKNOWLEDGEMENT FORM

As announced previously, due to increasing concerns of disclosure of personal and confidential information and misuse of electronic communications, the RCUH has updated two Human Resource Policies (Policy 3.940 – Destruction of Personal Information and Policy 3.480 Electronic Communications Policy).  All employees were asked to sign the Confidentiality Requirements for Personal Identifiable Information Acknowledgement Form -RCUH Form E-15).  A slight revision has been made to the RCUH Form E-15.  Employees are required to sign and return the form to RCUH HR Office either by mail, fax (956-5022) or email [email protected].  If you have already submitted the RCUH Form E-15 you are not required to re-sign the revised form. Training on updated policies will be announced in the upcoming weeks.  Should you have any questions, please contact Nelson Sakamoto at (808) 956-3100.

 

3 MONTHS LEFT!!!  to utilize your current Flexible Spending Plan Accounts (Medical Expense Reimbursement & Dependent Care Expense Accounts).  The end of the current Flexible Spending Plan Year is quickly approaching (June 30, 2011).  Services must be incurred during the plan year ending June 30, 2011.   Unused contributions will be forfeited at the end of the plan year (NO EXCEPTIONS). To access your TASC Flexible Spending plan account(s), go to the TASC website at www.tasconline.com. This online resource is available 24 hours/day, 7 days/week. You may submit requests, check your account balance, and more via your online account.  If you have any questions, you may contact the Total Administrative Services Corporation (TASC) at (800) 422-4661.  Please note that although services MUST be incurred by June 30, 2011, you do have 90 days after this date to submit your reimbursement forms with ALL supporting documentation (ex. receipts, contracts) needed to reimburse you for Flexible Spending monies.  DO NOT WAIT until the end of the 90-day grace period to submit your reimbursement forms!!!

 

OPEN ENROLLMENT – COMING SOON!

The Annual Benefits Open Enrollment Period is just around the corner.  Notices/Forms will be sent out to all eligible employees in April, as well as posted on our website (available for download).  Please look out for special announcements regarding Open Enrollment next month.  As a reminder, benefit changes (e.g., enrollments, additions, etc.) made during the Open Enrollment period will be effective July 1, 2011.

 

2010 OUTSTANDING EMPLOYEE OF THE YEAR – 1^st, 2^nd PLACE WINNERS

Each year Principal Investigators have the opportunity to nominate and recognize their RCUH employee who has made demonstrable, significant and outstanding contributions to their project during the previous year.  On February 25, 2011, a luncheon was held to honor the nominees and to announce the first and second place winners for 2010. 

 

Please join us in congratulating the following Winners of the 2010 RCUH Outstanding Employee of the Year.

 

Outstanding Researcher/Project Manager/Professional Staff

1st Place Winner:

Steven N. Chiang, AETAI Project Director

Project:  College of Tropical Agriculture and Human Resources, AETAI Program

PI:  Dr. Charles Kinoshita

 

2nd Place Winner:           

Emma K. Yuen, Natural Area Reserves Enhancement Coordinator

Project:  Pacific Cooperative Studies Unit

PI:  Dr. David Duffy

 

Outstanding Project Support Staff

1st Place Winner:

John T. Kuroda, Electronics Technician Level III

Project:  Joint Astronomy Centre

PI:  Dr. Gary Davis

 

2nd Place Winner:

Thea T. Nieves, SONDH Research Support Associate

Project:  School of Nursing & Dental Hygiene

PI:  Dr. Debra Mark

 

Click here for photos of the winners

 

 

IMPORTANT Dates to Remember (April):

4/1	Payroll Deadline – 12:00 noon for PE 3/31/11
4/7	Pay Day
4/7-4/11	Web Time Preview 1
4/11	PAF Deadline
4/12	HRAMP Deadline
4/12-4/13	Web Time Preview 2
4/14-4/15	Web Time Input
4/18	Payroll Deadline– 12:00 noon for PE 4/15/11
4/20-4/25	Web Time Preview 1
4/21	Pay Day
4/22	HOLIDAY – Good Friday
4/25	PAF Deadline
4/26	HRAMP Deadline
4/26-4/27	Web Time Preview 2
4/28-4/29	Web Time Input

 

IMPORTANT Dates to Remember (May):

5/2	Payroll Deadline – 12:00 noon for PE 4/30/11
5/6	Pay Day
5/5-5/9	Web Time Preview 1
5/9	PAF Deadline
5/10	HRAMP Deadline
5/10-5/11	Web Time Preview 2
5/12-5/13	Web Time Input
5/16	Payroll Deadline– 12:00 noon for PE 5/15/11
5/20	Pay Day
5/20-5/24	Web Time Preview 1
5/24	PAF Deadline
5/25	HRAMP Deadline
5/25-5/26	Web Time Preview 2
5/27-5/31	Web Time Input
5/30	HOLIDAY – Memorial Day

 

 

TIMESHEETS FOR THE MONTH OF March-April:
March 16-31

April 1-15

April 16-30

SSE Timesheet (Form D-9c)

2011 Personnel Action & Payroll Calendar

2011 Special Check Calendar

 

 

The Principal Investigator’s Corner

 

TEMPORARY & INTERMITTENT APPOINTMENT JOB LEVEL/PAY RATE MATRIX

The RCUH established a set of standards for temporary and intermittent positions that will provide PIs with a set of guidelines to ensure consistent pay rates for jobs within the RCUH. We are receiving requests for temporary and intermittent hires that range from very basic to very high level.  Often times, the pay rates being used are not based on an objective criterion, and may cause a pay inequity amongst regular staff (i.e., temporary employee getting paid more than regular employee to do the same job). 

 

Effective April 1, 2011, we will be using the new Temporary & Intermittent Appointment Job Level/Pay Rate Matrix to determine the most appropriate job title, pay range, and pay rate for all temporary and intermittent hires. This matrix is to be used as a guideline and will not be limited to only these positions.

 

You may find this Temporary & Intermittent Appointment Job Level/Pay Rate Matrix in our Policy 3.210 Employing People through RCUH.

 

How to utilize the matrix:

• Determine which position best fits your needs based on the matrix.
• Indicate the “Requested Job Title” on the online position requisition form (PRF) as it is presented in the matrix (click to view sample screen).
• On “Non Reg Hire 2” panel, copy/paste the description from the matrix into the “Brief description of work to be performed” box, also indicating the pay grade (click to view sample screen).
• Pay Rate: Based on the pay grade, you will need to determine the rate of pay. Similar to regular recruitments, if you are requesting a salary above the midpoint, you will need to provide a salary justification. RCUH will conduct an internal equity review to ensure that there are no pay equity issues.

 

NOTE: You will not be limited to only the positions listed on the matrix. You may utilize already established regular positions as a base model for recruiting temporary/intermittent positions.

 

In the near future…

• Implementation of this matrix to be embedded within the non-recruited position requisition form (NR PRF) online through the Human Resources Administrative Management Portal (HRAMP).
• Expansion of this matrix to be based on other frequently used temporary and intermittent positions.

 

Questions??

Any questions regarding the procedure on initiating a non-recruited hire, please contact Sharon Vong at (808) 956-7307. Any questions regarding the Temporary & Intermittent Appointment Job Level/Pay Rate Matrix, please contact Renee Doi (808) 956-7241 or Branda Nguyen (808) 956-9847.

 

REVISED HUMAN RESOURCES POLICIES & PROCEDURES

Effective immediately, the following Human Resources Policy will be updated: 

Policy #3.262 RCUH Work Schedule, Work Week and Work Hours – The original policy indicated that the work week began at 12:01 a.m. Monday morning, and ended at 12:00 p.m. Sunday night.   A correction was made to reflect the work week as beginning at 12:00 a.m. Monday morning, and ending 11:59 p.m. Sunday night (See Section 1.b.).  Additionally, a provision was included to allow Principal Investigators to utilize a non-traditional work schedule, subject to RCUH review and approval (See Section 4).

Should you have any questions, please contact Nelson Sakamoto at (808) 956-3100 or via email to [email protected]

RCUH ANNUAL PERFORMANCE EVALUATIONS ARE COMING SOON!

All Regular, non-probationary employees must receive an Annual Performance Evaluation. This early notice is being provided to Principal Investigators and Project Leaders for planning purposes (e.g., end of semester, PI travel schedule, and employee vacations).

Therefore, now is the time to clean up your records.  If you have any changes to your RCUH accounts and staff, (i.e. regular employees on your payroll that have since terminated, changes to Principal Investigators, etc.) please make the necessary changes now.

 

Please be advised that the deadline to submit Annual Performance Evaluations this year will be Wednesday, June 1, 2011.   Specific announcements & forms will be distributed to Principal Investigators (PIs) in early April.

Please refer to the following policies on our website for additional information 3.410 RCUH Annual Performance Evaluations and 3.360 Performance Based Compensation Policy or you may contact Branda Nguyen at [email protected]  or (808) 956-9847.

 

LIGHT DUTY ACCOMMODATIONS

If your employee requests for light duty accommodations, you, as the employee’s supervisor MUST coordinate the review with the RCUH Human Resources Department. A Job Physical Analysis (JPA) form must be completed and reviewed BEFORE the employee is allowed to return to work.  This is to ensure that the employee’s physician is fully aware of the employee’s essential job duties and functions before making a determination on whether the employee is able or unable to perform these duties/functions safely.  Additionally, as supervisor, you will need to review these detailed restrictions to determine if work accommodations (if any) can be made.

 

Supervisors are NOT authorized to allow an employee to return to work on light duty status without first receiving approval from the RCUH Human Resources Department. If you have any questions, please contact Kristen Stevens at (808) 956-6979 or [email protected]. 

Effective immediately, the following Human Resources Policy will be updated:

Policy #3.262 RCUH Work Schedule, Work Week and Work Hours – The original policy indicated that the work week began at 12:01 a.m. Monday morning, and ended at 12:00 p.m. Sunday night.   A correction was made to reflect the work week as beginning at 12:00 a.m. Monday morning, and ending 11:59 p.m. Sunday night (See Section 1.b.).  Additionally, a provision was included to allow Principal Investigators to utilize a non-traditional work schedule, subject to RCUH review and approval (See Section 4).

Should you have any questions, please contact Nelson Sakamoto at (808) 956-3100 or via email to [email protected]

MEMORANDUM

 

TO:                 All Principal Investigators & Project Administrators

 

FROM:           Nelson Sakamoto

                        Director of Human Resources

 

SUBJECT:   Administrative Leave with Pay for Friday, March 11, 2011

 

Administrative Leave with Pay: The RCUH is authorizing an Administrative Leave with Pay for March 11, 2011 to all RCUH employees due to the Statewide Tsunami Warning.  This announcement supersedes our March 11, 2011 notice/email.

 

The following guidelines will apply in determining proper attendance and time reporting on Friday, March 11, 2011 for all RCUH employee categories (both salaried and hourly):

 

1.            Employees who are required to work or who come in to work on March 11, 2011: Shall be considered as having worked their normal work schedule and shall NOT be granted an equivalent time off at a later date.  Work time should be reported as regular work hours.

 

2.            Employees who are on their scheduled day-off on March 11, 2011 shall NOT be granted an equivalent time off at a later date. 

 

3.            Employees who are on an approved (paid or unpaid) leave on March 11, 2011: Shall NOT be granted an equivalent time off at a later date.  Leave hours should be reported with the applicable leave code.

 

4.            Employees who work a partial day on March 11, 2011:  Employees who work a partial day will have their hours worked as regular work hours, and the balance of the day not worked as Administrative Leave (see below).  However, any partial day worked will NOT have equivalent time off at a later date.

 

For time reporting purposes for March 11, 2011: All employees eligible for “Administrative Leave with pay” for March 11, 2011 should report these hours as “Regular Hours” online timesheet. If you have any questions please contact the RCUH Payroll section (808) 956-7239, (808) 956-7624, (808) 956-6722.

Due to increasing concerns of disclosure of personal and confidential information and misuse of electronic communications, the RCUH is updating effective immediately two Human Resources Policies as follows:

Policy #3.940 “Destruction of Personal Information” will be renamed to “Use, Security and Destruction of Sensitive Information.”   In addition to information relating to the destruction of personal information, the revised policy will include guidelines on the proper use and security of such information.  The revised policy will provide clarification on who is subject to the policy, and includes information on annual reporting requirements.

Policy #3.480 Electronic Communications Policy previously applied to the RCUH Core Staff offices only.  However, effective immediately, this policy will apply to ALL RCUH employees regardless of employment category and FTE.  It is important that all Principal Investigators and RCUH employees review and comply with this important policy and related procedures.

In addition, all employees will be required to sign the attached acknowledgement form (Confidentiality Requirements for Personal identifiable Information Acknowledgement Form) and return to the RCUH Human Resources Office to be placed in their personnel file.   Training will be announced in the coming weeks.  Should you have any questions, please contact Nelson Sakamoto at (808) 956-3100 or via email to [email protected]

MEMORANDUM                                                                                           

TO:                 ALL PRINCIPAL INVESTIGATORS & RCUH EMPLOYEES

 

FROM:           Nelson Sakamoto

                        Director of Human Resources

 

SUBJECT:   March 11, 2011 Work Schedules

 

Principal Investigators should inform his/her employees on their work status/schedule for March 11, 2011.  Each project has different circumstances which will govern your decision.  For further guidance, please refer to the attached March 6, 2003 memo “Unforeseen Disruption in Work Schedule”.

 

All RCUH employees should contact his/her Principal Investigator for information concerning your work schedule for March 11, 2011.

Each year Principal Investigators have the opportunity to nominate and recognize their RCUH employee who has made demonstrable, significant and outstanding contributions to their project during the previous year.  On February 25, 2011, a luncheon was held to honor the nominees and to announce the first and second place winners for 2010. 

 

Please join us in congratulating the following Winners of the 2010 RCUH Outstanding Employee of the Year.

 

Outstanding Researcher/Project Manager/Professional Staff

1^st Place:  Steven N. Chiang, AETAI Project Director

                  Project:  College of Tropical Agriculture and Human Resources, AETAI Program

                  PI:  Dr. Charles Kinoshita

           

2^nd Place: Emma K. Yuen, Natural Area Reserves Enhancement Coordinator

                  Project:  Pacific Cooperative Studies Unit

                  PI:  Dr. David Duffy

 

Outstanding Project Support Staff

1^st Place:  John T. Kuroda, Electronics Technician Level III

                  Project:  Joint Astronomy Centre

                  PI:  Dr. Gary Davis

 

2^nd Place: Thea T. Nieves, SONDH Research Support Associate

                  Project:  School of Nursing & Dental Hygiene

                  PI:  Dr. Debra Mark

 

 

Click here for photos of the winners

Volume 14 Issue 2
February 22, 2011

 

 

4 MONTHS LEFT…

…to utilize your current Flexible Spending Plan Accounts (Medical Expense Reimbursement & Dependent Care Expense Accounts).  The end of the current Flexible Spending Plan Year is quickly approaching (June 30, 2011).  Services must be incurred during the plan year ending June 30, 2011.   Unused contributions will be forfeited at the end of the plan year (NO EXCEPTIONS).  You may contact Total Administrative Services Corporation (TASC) at 1-800-422-4661 to obtain an updated status of your account. Employees should have already received their personalized reimbursement form in the mail from TASC.  If you do not have your personalized reimbursement form, please contact TASC.  

 

We urge all employees to submit their reimbursement forms to TASC in a timely manner.  Although services MUST be incurred by June 30, 2011, you do have 90 days after this date to submit your reimbursement forms with ALL supporting documentation (ex. receipts, contracts) needed to reimburse you for Flexible Spending monies.  DO NOT WAIT until the end of the 90-day grace period to submit your reimbursement forms!!!

 

Special Note:  If an employee with flexible spending has or will be terminated from the RCUH prior to June 30, 2011, his/her “plan year” will end at the end of the month of termination.  This means that expenses must have been incurred prior to the end of the month of termination.  The employee will have the option to continue their flexible spending plan for the rest of the plan year (through June 30, 2011) by electing in COBRA coverage (subject to $3.50/month admin fee). 

 

REMINDERS TO NONIMMIGRANT VISA HOLDERS

All foreign employees are required to notify RCUH’s Human Resources/Immigration Associate of any changes to employment and/or personal status that may/may not affect their visa or work authorization. It is ultimately the foreign employee’s responsibility to ensure that these changes do not affect their ability to continue employment with the RCUH. 

 

TRAVELING OUTSIDE THE U.S.? 

• Employees on H-1B, J-1, TN, E-3, or O-1 visas sponsored by the RCUH must contact Janet Zukemura at (808) 956-0871 or [email protected] at least two weeks prior to their departure date so that we can provide the employee with the proper documentation for their reentry into the U.S.

 

• Nonimmigrant employees should always check the validity dates of their passport before they travel.  If their passport expires prior to their approved status end date, they should renew their passport before they return to the U.S.  If they do not renew their passport, upon their reentry into the U.S., the immigration officer will issue them an I-94 Arrival/Departure record valid only until their passport’s expiration.  If this were to happen, regardless of what their I-797 Approval Notice form states, the end date written on the new I-94 will be the expiration date of their status.

 

IMPORTANT Dates to Remember (March):

3/1	Payroll Deadline – 12:00 noon for PE 2/28/11
3/7	Pay Day
3/7-3/9	Web Time Preview 1
3/9	PAF Deadline
3/10	HRAMP Deadline
3/10-3/11	Web Time Preview 2
3/14-3/15	Web Time Input
3/16	Payroll Deadline– 12:00 noon for PE 3/15/11
3/22	Pay Day
3/22-3/24	Web Time Preview 1
3/24	PAF Deadline
3/25	HOLIDAY – Prince Kuhio Day
3/28	HRAMP Deadline
3/28-3/29	Web Time Preview 2
3/30-3/31	Web Time Input

IMPORTANT Dates to Remember (April):

4/1	Payroll Deadline – 12:00 noon for PE 3/31/11
4/7	Pay Day
4/7-4/11	Web Time Preview 1
4/11	PAF Deadline
4/12	HRAMP Deadline
4/12-4/13	Web Time Preview 2
4/14-4/15	Web Time Input
4/18	Payroll Deadline– 12:00 noon for PE 4/15/11
4/20-4/25	Web Time Preview 1
4/21	Pay Day
4/22	HOLIDAY – Good Friday
4/25	PAF Deadline
4/26	HRAMP Deadline
4/26-4/27	Web Time Preview 2
4/28-4/29	Web Time Input

TIMESHEETS FOR THE MONTH OF February-March:
February 16-28

March 1-15

March 16-31

SSE Timesheet (Form D-9c)

2011 Personnel Action & Payroll Calendar

2011 Special Check Calendar

 

 

The Principal Investigator’s Corner

NEW H1-B/O-1 EXPORT COMPLIANCE FORM FOR COMPLIANCE WITH ITAR/EAR REGULATIONS

Effective February 20, 2011, the United States Citizenship and Immigration Services (USCIS) requires employers to use the revised I-129 Petition for a Nonimmigrant Worker form when petitioning for H-1B or O-1 non-immigrant visas.  The primary change made to the revised I-129 form is the addition of Part 6: Certification Regarding the Release of Controlled Technology or Technical Data to Foreign Persons in the U.S.  This change will require the Research Corporation of the University Of Hawaii (RCUH) to certify whether a non-immigrant worker will be performing work that is subject to the U.S. Department of State’s International Traffic in Arms Regulations (ITAR) or the U.S. Department of Commerce’s Export Administration Regulations (EAR) and if an export license will be required.

 

WHAT IS AN ITAR/EAR EXPORT?:  Both ITAR and EAR are federal laws that prohibit the “export” of controlled technology and technical data to foreign countries and citizens of these countries identified in these regulations.  U.S. employers may export these technologies provided they meet the requirements specified in the ITAR and EAR regulations (e.g., obtain an applicable license to export).  An export is not limited to shipping goods/services to a foreign country, it also includes the release of controlled technology or technical data to a foreign national working in the U.S.  ITAR and EAR regulations have very strict rules against disclosure (including oral or visual disclosure) or transferring controlled technology or technical data to a foreign person working in the U.S.  To comply with these regulations, the RCUH must accurately complete the new I-129 form.  Therefore, Principal Investigators must understand the ITAR/EAR regulations as it applies to your own research project(s).  Principal Investigators must be able to determine whether any technology or technical data is applicable to ITAR and/or EAR.  If so, will any of the technology or technical data be released to or be accessed by a foreign national.  Finally, Principal Investigators must determine whether an export license may be required from the Department of Commerce Bureau of Industry & Security or the Department of State Directorate of Defense Trade Controls before releasing such technology or technical data to the foreign national.

 

NEW RCUH COMPLIANCE FORM (Initial Certification and Follow-up Certification):  To comply with the new requirements of the revised USCIS I-129 application, we have instituted a new “RCUH H1-B/O-1 Export Compliance Certification” form (RCUH Form I-100) that must be completed and submitted along with the H-1B/O-1 Request Form(s).  On the RCUH H-1B/O-1 Export Compliance Certification form, you will be required to acknowledge that you have reviewed and understand, and have/will continue to comply with the U.S. Munitions List [identified in the Arms Export Control Act (22 U.S.C. 2778)] and the Commerce Control List [identified in the Export Administration Act (50 U.S.C. 2401)].  Further, you will need to certify that if your foreign national employee’s (non-immigrant worker’s) work assignments or work environment changes where exposure to ITAR/EAR regulated technologies may be present, a new certification form will be submitted to the RCUH Human Resources Department immediately.

 

PENALTIES (FINES/IMPRISONMENT):  Falsification of the “H1-B/O-1 Export Compliance Certification” form (RCUH Form I-100) will lead to immediate termination of your employee’s employment/visa status and all support provided to you and your program by the RCUH.  This is necessary since the penalties for misrepresentation to the USCIS are significant.  The importance of providing correct attestations with respect to the export control requirements are underscored by the penalties for providing incorrect information.  Form I-129 requires the employer to certify under penalty of perjury under the laws of the U.S. that the petition and the supplemental evidence are honest and accurate to the best of the employer’s (and Principal Investigator’s) knowledge.  Violations of the ITAR/EAR regulations may result in, but not limited, to the following penalties:

 

·         International Traffic in Arms Regulations (ITAR)

Ø  Criminal Sanctions:

o   Employer fines of up to $1,000,000 for each violation

o   Individual fines of up to $250,000 or imprisonment for up to ten years, or both, for each violation.

Ø  Civil (Administrative) Sanctions: Fines of up to $12,000 for each violation, except that the fine for violations involving items controlled for national security reasons is up to $120,000 for each violation.

Ø  Other Sanctions: Denial of export privileges and/or Seizure/Forfeiture of goods.

 

·         Export Administration Regulations (EAR)

Ø  Criminal Sanctions:

o   Employer fines of up to the greater of $1,000,000 or five times the value of the exports for each violation

o   Individual fines of up to $1,000,000 or up to ten years in prison, or both, for each violation.

Ø  Civil (Administrative) Sanctions: Fines of up to $500,000 for each violation.

Ø  Other Sanctions: Denial of export privileges, exclusion from practice, and/or Seizure/Forfeiture of goods.

 

QUESTIONS?:  Any questions relating to ITAR and/or EAR compliance should be directed to Leonard R. Gouveia Jr., the University of Hawaii Administrative and Export Compliance Officer, Office of the Vice President for Research, at (808) 956-4740, or [email protected].

 REPORTING Work-Related Injury/Illness TO RCUH HR

All supervisors and/or designated project personnel must report any work-related injury/illness to the RCUH Human Resources Department within 24 hours from the occurrence. “Reporting” consists of completing, faxing, and mailing the Supervisor’s Report of Industrial Injury Form and Employee/Claimant Consent Form (both forms available as attachments in the WC Policy (3.580)). During the initial notification process, the supervisor must give the injured employee the Worker’s Compensation (WC) memo (signed by our Director of Human Resources) explaining WC procedures ensuring proper administration of the claim.  This memo can be found as an attachment at the bottom in the WC Policy (3.580). Any questions regarding the content of the policies and/or clarification of WC benefits and procedures should be directed to Kristen Stevens at (808) 956-6979.  

MEMORANDUM                              

 

TO:                 All Principal Investigators

 

FROM:            Nelson Sakamoto

                        RCUH Director of Human Resources

 

SUBJECT:     ITAR/EAR Guidelines for H1-B and O-1 Visa Compliance

 

 

Effective February 20, 2011, the United States Citizenship and Immigration Services (USCIS) requires employers to use the revised I-129 Petition for a Nonimmigrant Worker form when petitioning for H-1B or O-1 non-immigrant visas.  The primary change made to the revised I-129 form is the addition of Part 6: Certification Regarding the Release of Controlled Technology or Technical Data to Foreign Persons in the U.S.  This change will require the Research Corporation of the University Of Hawaii (RCUH) to certify whether a non-immigrant worker will be performing work that is subject to the U.S. Department of State’s International Traffic in Arms Regulations (ITAR) or the U.S. Department of Commerce’s Export Administration Regulations (EAR) and if an export license will be required.

 

WHAT IS AN ITAR/EAR EXPORT?:  Both ITAR and EAR are federal laws that prohibit the “export” of controlled technology and technical data to foreign countries and citizens of these countries identified in these regulations.  U.S. employers may export these technologies provided they meet the requirements specified in the ITAR and EAR regulations (e.g., obtain an applicable license to export).  An export is not limited to shipping goods/services to a foreign country, it also includes the release of controlled technology or technical data to a foreign national working in the U.S.  ITAR and EAR regulations have very strict rules against disclosure (including oral or visual disclosure) or transferring controlled technology or technical data to a foreign person working in the U.S.  To comply with these regulations, the RCUH must accurately complete the new I-129 form.  Therefore, Principal Investigators must understand the ITAR/EAR regulations as it applies to your own research project(s).  Principal Investigators must be able to determine whether any technology or technical data is applicable to ITAR and/or EAR.  If so, will any of the technology or technical data be released to or be accessed by a foreign national.  Finally, Principal Investigators must determine whether an export license may be required from the Department of Commerce Bureau of Industry & Security or the Department of State Directorate of Defense Trade Controls before releasing such technology or technical data to the foreign national.

 

NEW RCUH COMPLIANCE FORM (Initial Certification and Follow-up Certification):  To comply with the new requirements of the revised USCIS I-129 application, we have instituted a new “RCUH H1-B/O-1 Export Compliance Certification” form (RCUH Form I-100) that must be completed and submitted along with the H-1B/O-1 Request Form(s).  On the RCUH H-1B/O-1 Export Compliance Certification form, you will be required to acknowledge that you have reviewed and understand, and have/will continue to comply with the U.S. Munitions List [identified in the Arms Export Control Act (22 U.S.C. 2778)] and the Commerce Control List [identified in the Export Administration Act (50 U.S.C. 2401)].  Further, you will need to certify that if your foreign national employee’s (non-immigrant worker’s) work assignments or work environment changes where exposure to ITAR/EAR regulated technologies may be present, a new certification form will be submitted to the RCUH Human Resources Department immediately.

 

PENALTIES (FINES/IMPRISONMENT):  Falsification of the “H1-B/O-1 Export Compliance Certification” form (RCUH Form I-100) will lead to immediate termination of your employee’s employment/visa status and all support provided to you and your program by the RCUH.  This is necessary since the penalties for misrepresentation to the USCIS are significant.  The importance of providing correct attestations with respect to the export control requirements are underscored by the penalties for providing incorrect information.  Form I-129 requires the employer to certify under penalty of perjury under the laws of the U.S. that the petition and the supplemental evidence are honest and accurate to the best of the employer’s (and Principal Investigator’s) knowledge.  Violations of the ITAR/EAR regulations may result in, but not limited, to the following penalties:

 

·         International Traffic in Arms Regulations (ITAR)

Ø  Criminal Sanctions:

o   Employer fines of up to $1,000,000 for each violation

o   Individual fines of up to $250,000 or imprisonment for up to ten years, or both, for each violation.

Ø  Civil (Administrative) Sanctions: Fines of up to $12,000 for each violation, except that the fine for violations involving items controlled for national security reasons is up to $120,000 for each violation.

Ø  Other Sanctions: Denial of export privileges and/or Seizure/Forfeiture of goods.

 

·         Export Administration Regulations (EAR)

Ø  Criminal Sanctions:

o   Employer fines of up to the greater of $1,000,000 or five times the value of the exports for each violation

o   Individual fines of up to $1,000,000 or up to ten years in prison, or both, for each violation.

Ø  Civil (Administrative) Sanctions: Fines of up to $500,000 for each violation.

Ø  Other Sanctions: Denial of export privileges, exclusion from practice, and/or Seizure/Forfeiture of goods.

 

QUESTIONS?:  Any questions relating to ITAR and/or EAR compliance should be directed to Leonard R. Gouveia Jr., the University of Hawaii Administrative and Export Compliance Officer, Office of the Vice President for Research, at (808) 956-4740, or [email protected].

 

TO:  Principal Investigators and Fiscal Officers

Effective 1/01/11, President Obama’s Tax Relief Act of 2010 went into effect lowering the employee’s  Social Security rate from 6.2% to 4.2%.  The employer’s Social Security rate remained the same at 6.2%, as well as the Medicare taxes at 1.45% for both the employee and employer.

Unfortunately, the employer’s FICA taxes which were posted to your project accounts as part of the fringe benefit charges were incorrectly calculated at 5.65% (4.2% Social Security + 1.45% Medicare) instead of 7.65% (6.2% Social Security + 1.45% Medicare) for 3 pay periods ending 12/31/10, 1/15/11 and 1/31/11.  We are working on making fringe benefit adjustments for the additional 2% to be posted to your project accounts this week and next week.

We sincerely apologize for this problem and the inconvenience that this will certainly cause in the reconciliation of your accounts.  Please be assured that the problem has since been fixed and the employer’s FICA charges from pay period ending 2/15/11 will be posted to the project accounts at the correct rate of 7.65% of taxable income.

The employees’ FICA taxes are calculated correctly on their paychecks.

Should you have any questions, please contact us at [email protected].