Steps Employers Can Take to Avoid Liability
Well-intentioned employers often find inadvertent paperwork errors or technical violations during their internal audits; some seemingly harmless errors and omissions are actually considered substantive violations that carry significant fines. For example, the failure of an employer to ensure that an individual employee checks the Form I-9’s box for “citizen,” “lawful permanent resident,” or “authorized to work until a specified date” is a substantive violation.
W. Garnett & Associates
Human Capital Management
1-888-884-3910
Forensic Audits in December Hits Over 1000 Businesses
Over 1000 businesses were audited against their Form I-9’s. An audit involves ICE reviewing a company’s Form I-9s to verify employees’ identities and eligibility to work in the country. In 2008, fines increased by 25%, with the result that first-time offenders face penalties of between $375 to $3,200 for each unauthorized employee. In 2009, ICE has ordered companies to pay $800,000 in fines, more than four times the amount imposed in 2008.
You can read the full article below.
W. Garnett & Associates
Human Capital Management
1-888-884-3910
Updated Employment Law Guide Released By the U.S. Department of Labor
“Fair and safe practices in the workplace are a top priority for the Department of Labor, and we want to make it simple for both employers and workers to understand the federal policies that protect them,” said Secretary of Labor Hilda L. Solis. “Our new Employment Law Guide provides updated and user-friendly information and guidance. We encourage everyone to use it.”
You can read the full article linked below.
http://www.information-online.com/node/27955
W. Garnett & Associates
Human Capital Management
1-888-884-3910
Sixty Area Firms In San Diego, CA Targeted For Worker Eligibility Audits
Notice of Inspection have been issued to local businesses in San Diego, CA. Immigration and Customs Enforcement inspectors are examining 60 businesses in San Diego and Imperial counties to make sure their workers are eligible for employment, the federal agency announced Thursday.
The effort is part of an audit of 1,000 businesses nationwide to check for illegal immigrant workers and comes after a similar effort in April targeted 654 businesses across the country.
Link to the full article below.
http://www.nctimes.com/news/local/sdcounty/article_71044ec5-a632-519c-8c08-732f765e5c49.html
W. Garnett & Associates
Human Capital Management
1-888-884-3910
Employer Should Be Aware Because The Immigrant Bill Is Back On The Table
Employers should be aware of the immigration bill. Ms. Napolitano said the immigration landscape has changed sharply since 2007, when attempts at a comprehensive overhaul failed because many members of Congress lacked confidence in the government’s ability to enforce existing laws, she said. Immigration overhauls backed by the Bush administration and some congressional leaders from both parties foundered in part because critics portrayed them as rewarding illegal immigrants with “amnesty” for violating U.S. law.
You can read the full article linked below.
http://online.wsj.com/article/SB125816110639347917.html
W. Garnett & Associates
Human Capital Management
1-888-884-3910
The Turner Construction Company Responds To Illegal Immigrants Arrests
Companies are not sure from Notice of Inspections without regular audits. As a result of the procedures established for this project, we have been informed that two subcontractors working on the courthouse project employed workers who provided information that did not match Federal records. Our understanding at this time indicates that individual employees of a subcontractor under contract with Turner may have submitted falsified employment documentation, which in turn led to the employment of those individuals. The fact that the documentation was falsified was identifiable to the ICE officials but was not known to Turner or, to our knowledge, to Turner’s subcontractor.
Read the full article linked below.
http://wokv.com/localnews/2009/11/update-construction-company-re.html
W. Garnett & Associates
Human Capital Management
1-888-884-3910
Should We Blame The Employers For Immigration Violations?
Who should be blamed for Form I-9 violations? On July 1, ICE announced that it was alerting 652 businesses nationwide that they were to face an audit of their I-9 forms. In comparison, ICE issued 503 such alerts in the entire 2008 fiscal year.
An internal ICE memo, sent in April, emphasized that “criminal prosecution of employers is a priority.” The memo, since made public, said that the full range of investigative techniques should be used, including the “use of confidential sources and cooperating witnesses, introduction of undercover agents, consensual and non consensual intercepts and Form I-9 audits.”
Link to the full article below.
http://www.philly.com/dailynews/local/20091110_Don_t_blame_the_workers__Blame_the_employers_.html
W. Garnett & Associates
Human Capital Management
1-888-884-3910
Several South Carolina Firms Face Illegal Immigration Fines
Audit sweep ID’s several firms in S. C.. Since July 1, the state Office of Immigration Worker Compliance has cited 16 businesses for violations of the new law after conducting audits at 550 firms. Of those cited, only Pleasant Places Inc. has failed to correct alleged violations, said Jim Knight, communications director for the state Department of Labor, Licensing and Regulation. The business is accused of failing to verify the legal status of 24 workers hired after July 1, he said. The maximum penalty per violation is $1,000.
Read the full article linked below.
http://www.thesunnews.com/news/local/story/1152703.html
W. Garnett & Associates
Human Capital Management
1-888-884-3910
Some Companies Are Worried About The New Administrations Policies
The Obama Administration has taken up where the previous administration left off. The Bush administration tried to reduce that number by trying to stop the flow of illegal immigrants into the country. Earlier this year, the Department of Homeland Security announced a new strategy under the Obama administration that now also goes after an illegal immigrant’s employer and its managers.
Read the full article linked below.
http://www.wral.com/news/local/story/6263977/#
W. Garnett & Associates
Human Capital Management
1-888-884-3910
New Rules For Prime Contractors and Subcontractors Effecting E-Verify Is Now in Place
The rule requires the insertion of a new clause in certain federal contracts and subcontracts. Prime contracts below the simplified acquisition threshold of $100,000 and those with performance terms of less than 120 days are excluded. The clause requires the contractor to use E-Verify to confirm employment eligibility of all new employees hired during the contract term and all current employees assigned to work on a federal job within the U.S. It also allows, but does not require, the federal contractor to use E-Verify to confirm eligibility of all employees, regardless of whether they are assigned to work on a federal job. Currently, use of E-Verify to confirm anyone other than a new hire (including applicants and current employees) is prohibited.
Read the full article linked below.
http://newsletters.agc.org/specialtynews/2009/10/09/e-verify-rule-now-in-effect/
W. Garnett & Associates, HR Consultant
1-888-884-3910
