 |
Main Office 2809 8th Street Phone: (205) 210-4713 Mississippi Office 203 E. Main Street, Suite 4 Phone: (662) 638-0318 Fax: (866) 651-4162 info@adgloballaw.com
|
|
|
March 4, 2010 . Practical Briefs - Legal Updates for Today's Proactive Manager
Special Alert:
Click here to view the full newsletter: March 2010 Practical Briefs
February 4, 2010 . Practical Briefs - Legal Updates for Today's Proactive Manager
Special Points of Interest in this Newsletter:
Click here to view the full newsletter: February 2010 Practical Briefs November 19, 2009 . Practical Briefs - Legal Updates for Today's Proactive Manager
Special Points of Interest in this Newsletter:
. Click here to view the full newsletter: November 2009 Practical Briefs . October 22, 2009 . Practical Briefs - Legal Updates for Today's Proactive Manager
Special Points of Interest in this Newsletter:
. Click here to view the full newsletter: October 2009 Practical Briefs . . October 8, 2009 . ICE Worksite Enforcement Strategy – Recently Released Memo Details ICE’s Focus on Employer Stings . US Immigration and Customs Enforcement (“ICE”) recently released a memorandum from its Director of Investigations that outlines in detail ICE’s worksite enforcement strategy. ICE’s stated position is that “the prospect for employment in the United States continues to be one of the leading causes of illegal immigration, creating a market for criminal smuggling organizations who exploit people willing to pay high fees and take great risks to enter the United States without detection.” . ICE representatives outline a few key strategies it will continue to pursue to stop illegal employment: .
. To accomplish those strategies, ICE’s priority is the criminal prosecution of employers, including owners, corporate managers, supervisors, and others who play key roles in the hiring process. Those criminal prosecutions may result in jail time, federal contract debarment, civil fines, and asset seizure and forfeiture. . Employers should take steps now to confirm their hiring policies comply with applicable federal immigration laws. If you need assistance with an internal audit and review of your files or policies and procedures, or if you have received a Notice of Inspection from ICE, please contact one of our attorneys to discuss further. . ______________________________________________________ . Bank Agrees to $100,000 Settlement of OFCCP Hiring Bias Claims
Southside Bank (the “Bank”), located in Tyler, Texas, settled a lawsuit brought by the US Department of Labor’s Office of Federal Contract Compliance Programs (“OFCCP”), in which the OFCCP alleged that the Bank discriminated against minority female applicants for a teller position in 2002 and 2003. Under the terms of the settlement, the Bank will pay a total of $100,000 in back pay and interest to the rejected minority female applicants. The Bank is also required to hire 12 of the minority female applicants in teller positions. Further, the Bank must undertake an extensive self-audit to ensure that all hiring practices fully comply with the law.
Federal contractors are on notice that the OFCCP is serious about eliminating patterns of discrimination. If you would like assistance in evaluation and improving your hiring policies, please contact one of our attorneys to discuss further.
______________________________________________________
October 1, 2009 . Immigration Crackdowns on Employers Continue . American Apparel, a clothing factory in Los Angeles, is reportedly firing around 1,800 immigrant workers following a federal investigation of the company’s hiring records. Immigration and Customs Enforcement (“ICE”) conducted an audit of the company’s records in July, following an investigation that reportedly began over a year ago. ICE reported that the workers’ documents (including Social Security cards and immigration documents) contained discrepancies that could not be resolved by the company or the workers. . This is just another example of the government’s focus on employers as a primary means of enforcing the nation’s immigration laws by deterring employers from hiring unauthorized workers. Companies should take steps now to review their internal files and hiring policies to guard against being the next ICE target. If you have questions regarding compliance with federal hiring and immigration laws, please contact one of our attorneys for assistance. . ______________________________________________________ . USCIS Issues Guidance on Wait Times for Processing of Green Card Applications . US Citizenship and Immigration Services (“USCIS”) released a detailed Q&A regarding pending employment-based Forms I-485 (Application to Adjust Status to Permanent Resident) and the related lengthy wait times for those applications. The guidance contains helpful explanations regarding how visa numbers are allocated to each green card category and each country of origin. The guidance also includes helpful reports on the numbers of applications filed as well as information on how to read those reports. . The guidance and reports can be accessed on the USCIS website on the “Green Card” information page. If you have questions regarding the guidance, or if you need assistance with applying for permanent resident status, please contact one of our attorneys to discuss further. . September 18, 2009 . Department of Labor Audits – Is Your Business the Next Target?
In recent months, a large number of businesses have received audit notices from the U.S. Department of Labor (“DOL”) or the Internal Revenue Service (“IRS”) (or both) requiring audit of employment-related records. These audits are just one component of the administration’s crackdown on employers and stricter enforcement of federal employment, immigration, and related tax laws.
A DOL or IRS audit is not only stressful for you and your management team, but it is also time consuming and expensive. One of the best prevention and planning tools for your business is a sound document retention policy. These policies can assist your management team in making sure all required documents are accessible in the event of an audit, and the policy should cover, at a minimum:
The retention period for each type of record varies depending upon applicable tax and employment laws. If you have questions or need assistance creating or updating a document retention program for your business, or if you need assistance with an internal review or audit, please contact one of our attorneys for a more in-depth discussion. ______________________________________________________ . September 17, 2009 . Worksite Enforcement - . The federal government is continuing its focus on sanctioning employers for hiring illegal aliens. This week, George’s Processing, Inc., a Missouri poultry processing company, agreed to pay a $450,000 fine as part of a settlement reached with the government for charges arising out of a 2007 worksite raid. 136 illegal workers were arrested in that raid, and two of the company’s hiring personnel later were convicting of criminal charges in connection with the raid. . The company, which employs around 4,000 workers in its processing facilities in Arkansas, Missouri, and Virginia, is also required to establish a training and compliance program to ensure its hiring practices comply with federal immigration laws. If you don’t already have a sound compliance program in place for your business, now is the time to do so – before ICE comes knocking. . . September 10, 2009 . HR and IRS Audits – Are You Next?
The IRS recently began directing its audit efforts on Human Resource (“HR”) departments of employers of all sizes. These audits are focused on the relationship between tax and immigration issues, particularly improper classification of foreign national workers as “independent contractors” where their immigration status or payments made to them indicates “employee” status.
Now is the time to review your HR records to determine if you are running afoul of the tax and immigration laws with respect to your HR practices. In particular, you may want to conduct a “preventive” internal audit to confirm that you are: .
The audit focus is just one of the worksite enforcement strategies in place to enforce U.S. immigration laws and ensure employer compliance. We will include an in-depth report on this issue in our October edition of “Practical Briefs”. In the meantime, we urge you to contact your legal and tax professionals now to be sure your business has policies and procedures in place to ease the audit process. Of course, if you have questions or need assistance to respond to an IRS Audit, please contact one of our attorneys to discuss further.
. September 1, 2009 . Practical Briefs - Legal Updates for Today's Proactive Manager
Special Points of Interest in this Newsletter:
. Click here to view the full newsletter: September 2009 Practical Briefs ______________________________________________________ . “No-Match” Rule to be Scrapped . The Department of Homeland Security (“DHS”) announced this week that it intends to rescind the “No-Match Rule,” a rule that outlines procedures employers must follow upon receipt of SSA No-Match letters or notices from DHS that call into question work eligibility information provided by employees. The rule was blocked by court order shortly after issuance and has never taken effect. Although the rule will be rescinded, employers should still take reasonable steps to correct its records in response to a No-Match letter, but the procedures need not be as rigid or restrictive as set forth in the No-Match rule. . ______________________________________________________ . Mississippi Employers – E-Verify Registration Expanded . On and after July 1, 2009, all Mississippi employers with at least 100 employees must register and use the federal E-Verify system to check the work authorization and eligibility of their workforce. The law requiring the registration makes it a felony for anyone in the country illegally to accept a job in Mississippi. ______________________________________________________ . EEOC continues to wage battle against English-only policies in the workplace
A California company recently settled a lawsuit with the EEOC that claimed the company enforced an English-only rule against its Hispanic employees. Other foreign languages (Tagalog, commonly spoken by employees from the Philippines) were allowed in the workplace. The EEOC claimed the company’s “English-only” rule was not applied to all workers, and thus the EEOC claimed the company subjected its Hispanic employees to disparate treatment and harassment based upon their national origin. The terms of the settlement require the company to (a) pay the affected employees up to $450,000, (b) implement its policies to be applied equally to all employees irrespective of their national origin, (c) provide English language training, and (d) designate areas where employees may freely speak their non-English language, and (e) revise policies and training to include Spanish versions. . Employers should be aware that blanket English-only policies often are found to be discriminatory, and the EEOC has provided specific guidance for employers in formulating and enforcing those policies. The settlement also highlights the requirements that employers must provide policies and training in Spanish or other non-English language where a company’s employees have limited English skills. . . |
For instant news updates, follow us at: Join our LinkedIn group:
Newsletters: February 2010 Practical Briefs November 2009 Practical Briefs September 2009 Practical Briefs February 2010 Practical Briefs
Immigration and Employment Links: Make an Infopass Appointment: https://infopass.uscis.gov/info_en.php Check Case Status Online: http://www.uscis.gov/portal/site/uscis (“Help with” link on right hand side - enter case number) USCIS Processing Time Reports: https://egov.uscis.gov/cris/jsps/ptimes.jsp USCIS Change of Address Information Forms: http:// www.uscis.gov/portal/site/uscis/menuitem USCIS Change of Address Information Form AR- 11 http://www.uscis.gov/files/form/ar-11.pdf Visa Bulletin: http://travel.state.gov/visa/frvi/bulletin/bulletin_1360.html HHS 2009 Poverty Guidelines: http://aspe.hhs.gov/poverty/09poverty.shtml Civil Surgeon Locator: https://egov.uscis.gov/crisgwi/go?action=offices.type&OfficeLocator.office_type=CIV Social Security Cards for Foreign Nationals: http://www.ssa.gov/immigration/ Form I-9: http://www.uscis.gov/files/form/i-9.pdf I-9 Handbook for Employers: Handbook for Employers - http://www.uscis.gov/files/nativedocuments/m-274.pdf
|