On Monday, June 5 from 2:00 to 3:00 pm EST I will conduct a free webinar on “Workplace Investigations by the Department of Homeland Security – Is Your Restaurant Ready?”  The webinar is sponsored by the Georgia Restaurant Association.  Much, if not all, of what I’ll be discussing regarding employers compliance with immigration laws during the hiring process relates to all employers and isn’t limited to restaurants.  During the webinar I will discuss the following topics:

  • Factors leading to a workplace investigation by DHS – ICE
  • How to prepare for a workplace investigation by ICE
  • How to respond to a Notice of Inspection
  • What happens during an ICE audit
  • The role of the Department of Justice in workplace investigations
  • Collateral consequences of workplace investigations

Click here to register.

Are you an owner/operator, HR professional, compliance director or manager, or in-house counsel and interested in learning more about the Employment Eligibility Verification form (the “Form I-9”)?  Here are some educational opportunities:

  • If you are local to Atlanta, Georgia I will be joining my colleagues to talk about “Hot Topics in Immigration under the Trump Administration” at our offices on May 17, 2017 from 4 – 6 pm.  The event is sponsored by the German American Chambers of Commerce. Click here to learn more and register for this presentation.
  • In June I will be presenting a webinar for the Georgia Restaurant Association entitled, “Workplace Investigations by the Dept. of Homeland Security – Is Your Restaurant Ready?”  The webinar is from 2 – 3 pm on June 5, 2017.  Click here to register.

I recently wrote an article for Construction Business Owner entitled “The Record-Keeping Mistake You Could be Making” that addresses the Form I-9 and provides practical tips and best practices with respect to the form.  To read the article click here.

Finally, U.S. Citizenship and Immigration Services (USCIS) will be issuing a new Form I-9 this summer, which will take effect in September 2017.  One reason being that the International Entrepreneur Rule requires changes to the form to allow parole status to serve as a basis for employment authorization. Read more in Friday’s Compliance News Flash by clicking here.

Any questions please email me at montserrat.miller@agg.com.

Please enjoy this week’s Compliance News Flash with blurbs about Massachusetts’s CORI regulations, the Form I-9 and E-Verify, the redesigned Green Cards and Work Permits and what it means to employers, and the ongoing discrimination litigation by EEOC against Dollar General.

Click here to read the News Flash.

Read more about this in an article I wrote, published by FSR Magazine on April 18, 2017, which is intended to help leaders within the restaurant industry understand the employee onboarding process to avoid claims of unlawful discriminatory practices under the Immigration and Nationality Act.  The insights provided in the article are equally applicable to other industries and types of employers.

Click here to read the article.

 

Today’s fun fact – as an employer you cannot ask employees to provide a specific document or documents when completing section 2 of the Form I-9 (the Employment Eligibility Verification form).  Remember, all employers must complete a Form I-9 for new hires within three business days of hire.  Section 2 of the Form I-9 is where the employee must present the employer with documentary proof of identity and work authorization by selecting a document, or documents, from the Lists of Acceptable documents. Employers cannot tell employees what document(s) to present.  As an employer, your responsibility is to show the list to employees and have them select which document(s) they will present for section 2 completion.

Why is this a problem?  Because, when an employer requires certain documents from some individuals but not others this can lead to a claim of discrimination under the Immigration and Nationality Act (INA). Discrimination based on national origin or citizenship.  These types of claims are handled by the Department of Justice’s Immigrant and Employee Rights Section (IER), formerly known as the Office of Special Counsel for Immigration-Related Unfair Employment Practices.

To prove my point, the Department of Justice recently settled an immigration-related discrimination claim against a pizza restaurant franchisee with 31 locations in Florida for $140,000. Why? Well, the allegation was that the employer routinely requested that lawful permanent residents produce a specific document to prove their work authorization—their permanent resident card—while not asking the same of U.S. citizens. This is not acceptable.

And, as if paying a civil penalty of $140,000 isn’t enough, under the terms of the settlement, the pizzerias must “post notices informing workers about their rights under the INA’s antidiscrimination provision, train their human resources personnel, and be subject to departmental monitoring and reporting requirements.”  In addition to the civil penalties, factor in attorney’s fees for legal representation.

A quick refresher on completing section 2 of the Form I-9 for someone who checks in section 1 of the Form I-9 that they are a lawful permanent resident (aka “green card holder”). That employee may then, for purposes of completing section 2, present either a permanent resident card (a List A document) or a driver’s license and unrestricted Social Security Card (List B and List C documents). Just because they say they are a lawful permanent resident does not mean they must provide their permanent resident card.  An employer cannot tell that individual what specific document(s) to present. The Lists of Acceptable Documents are part of the Form I-9 which can be found on U.S. Citizenship and Immigration Services website.

On February 28 at 3:00 pm EST, I (check out my bio) will be speaking on a free webinar hosted by Hire Image called, Hiring and Maintaining a Legal Workforce: What’s New in 2017.

I will be talking about what’s new in 2017 relative to hiring and maintaining a legal workforce. I will cover immigration compliance-related topics such as the President’s Executive Orders—and proposed orders—and the impact they could have on American employers and your workforce.  I will also talk about mandatory E-Verify, increased raids by Immigration and Customs Enforcement (ICE), increased civil penalties for noncompliance with the Form I-9 requirements, and what to expect and how to prepare your organization for an ICE worksite enforcement operation.

This webinar is approved for 1 HR (General) recertification credit hour toward California, GPHR, HRBP, HRMP, PHR and SPHR through HRCI, and is valid for 1 PDC for the SHRM-CPSM or SHRM-SCPSM.

Click here to register.

The wait is over!  U.S. Citizenship and Immigration Services (USCIS) has issued an updated M-274, Handbook for Employers which provides guidance on completion of the Form I-9 and an overview of unlawful discrimination and penalties related to completion of the Form I-9.

New sections include guidance on (i) automatic extensions of employment authorization documents (EAD) in certain circumstances (page 13); (ii) failure of an employee to present acceptable documents (page 26); and (iii) correcting the Form I-9 (page 29).

Click here to view the updated M-274, Handbook for Employers.  Remember — all employers must be using the updated version of the Form I-9 as of January 22, 2017.  The form is available on USCIS’s website.

Annually my law firm publishes a checklist of legal issues we believe will be relevant in 2017.  To view the list click here.

In no particular order of importance this year’s list includes the following, with brief write-ups by AGG lawyers:

  1. Wage and Hour
  2. Non-GAAP Financial Measures
  3. Ban the Box
  4. EU-U.S. Privacy Shield
  5. Immigration Compliance – Form I-9 and E-Verify
  6. Robust Compliance Programs
  7. Blockchain and Digital Transactions
  8. Cyber Security and M&A Transactions
  9. Online Advertising Practices
  10. Wellness Programs
  11. Tax Reform
  12. The Consumer Financial Protection Bureau
  13. E-Discovery and Defense Costs

Please join me and my colleague, Teri Simmons, for a free webinar on January 24th at noon EST during which time we’ll discuss immigration compliance issues relevant to employers.  We’ll also cover what organizations can expect in 2017 under the new Administration.

Teri and I will cover topics related to the Employment Eligibility Verification form (the “Form I-9”), E-Verify, government investigations and penalties related to the Form I-9, and on-site audits when petitioning for H and L nonimmigrant status.  Click here to register and learn more about the topics we’ll address.

The webinar is pending CLE credit approval by the State Bar of Georgia.

 

Happy New Year!

The (some would say unexpected) results of the presidential campaign have led us down a path where president-elect Trump will be sworn in January 20, 2017.  While the dust is still settling, and will continue to settle over the coming weeks and months, employers should prepare for the potential impact this Administration could have on immigration compliance.  What do I mean by immigration compliance?  I’m talking the new Employment Eligibility Verification form (the “Form I-9”), mandatory E-Verify, and increased government investigations. While today’s hype may be about border security, vetting of refugees, and deporting criminal aliens, I believe immigration compliance is an area that will take on greater importance under this Administration.  I’m doing two (because it’s that important) free webinars with colleagues on this topic and I hope you will join us.

The first one–Understanding the New Form I-9 and the Election’s Potential Impact on Immigration Reform–is sponsored by Equifax Workforce Solutions on January 19, 2017 at noon EST.

Click here to register.

I’ll post information on the second webinar, which will be hosted by my firm on January 24, 2017, at a later date.