While I-9 compliance is important, companies cannot forget about other labor and employment laws. In May 2018, a meatpacking company in Illinois was caught between ICE and the National Labor Relations Board. ICE conducted an audit of the company’s I-9s. Upon notice of the audit, the company began implementing E-Verify. An NLRB judge ruled that the company violated the National Labor Relations Act by:
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Transferring work to temporary staffing agency workers without first notifying the union;
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Dealing directly with the terminated employees regarding severance;
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Failing to provide the requested documents to the union; and, importantly,
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Unilaterally changing the terms and conditions of employment by instituting E-Verify without bargaining.
On August 27, 2018, a three-member NLRB panel upheld this decision (even though the union eventually agreed to the use of E-Verify through collective bargaining). For more on this important decision, please click here.
