Beginning November 1, 2023, employers must use the new Form I-9 (rev. date 08/01/23) to verify the work authorization of their employees. Although this new Form I-9 has been available since August, until now you could also...more
This week, the Department of Homeland Security (DHS) issued a new final rule on the Form I-9 process. Under the new rule, the DHS Secretary may authorize alternative Form I-9 documentation examination procedures that do not...more
If an employer hires undocumented workers, are they covered under the U.S. employment laws? Initially, employers must complete Form I-9s for all new employees and cannot hire workers who are unable to establish that they’re...more
2/2/2023
/ Department of Homeland Security (DHS) ,
Department of Labor (DOL) ,
Deportation ,
Employees ,
Employer Liability Issues ,
Enforcement Actions ,
Equal Employment Opportunity Commission (EEOC) ,
Form I-9 ,
Immigration Procedures ,
Labor Regulations ,
New Guidance ,
Regulatory Agenda ,
Title VII ,
Undocumented Immigrants
A federal district court in Texas recently struck down the Deferred Action for Childhood Arrivals program – known commonly as DACA – holding that the program was improperly implemented by the former Obama administration and,...more
8/10/2021
/ Administrative Procedure Act ,
Appeals ,
Biden Administration ,
DACA ,
Employer Liability Issues ,
Employment Authorization Documents (EAD) ,
Immigration Procedures ,
Obama Administration ,
Trump Administration ,
US v Texas ,
USCIS
The U.S. Department of Homeland Security (DHS) recently issued updated guidance extending the Form I-9 flexibility rule that temporarily relaxes the document inspection requirements for employers operating remotely.
Under...more
You’ve attended the webinars on navigating COVID-19. You’ve read the trade publication tips. You have implemented measures to protect your workers. So, you’re ahead of the game, right? Well, you’re certainly ahead of the...more
2/10/2021
/ Americans with Disabilities Act (ADA) ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Employees ,
Employer Liability Issues ,
Employer Mandates ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Exempt-Employees ,
Reasonable Accommodation ,
Reporting Requirements ,
State and Local Government ,
Title VII ,
Vaccinations ,
Virus Testing ,
Workplace Safety
You’ve been to the webinars about COVID-19. You’ve read the trade publication tips. You’ve implemented measures to protect your workers. You’re ahead of the game, right? Well, you’re certainly ahead of the sheriff who...more
Worksite enforcement actions related to unauthorized workers are on the rise. Fulfilling a promise from 2017, Homeland Security Investigations (HSI), the investigatory arm of U.S. Immigration and Customs Enforcement (ICE),...more
As the Trump administration’s crackdown on illegal immigration proceeds on numerous fronts, employers increasingly find themselves caught in the crosshairs. In fact, U.S. Immigration and Customs Enforcement (ICE) recently...more
7/25/2018
/ Audits ,
Document Retention Policies ,
Employee Training ,
Employer Liability Issues ,
Employment Eligibility Verification ,
Form I-9 ,
Hiring & Firing ,
Immigration and Customs Enforcement (ICE) ,
Immigration Enforcement ,
Trump Administration ,
Undocumented Immigrants ,
Workplace Investigations
In April 2017, three months after taking office, President Trump signed the “Buy American and Hire American” Executive Order, which confirmed that his administration would be taking a tough stance on business immigration,...more
5/24/2018
/ Buy American Act ,
Department of Homeland Security (DHS) ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Executive Orders ,
Foreign Nationals ,
Foreign Workers ,
H-1B ,
H-4 Spouses ,
Highly-Skilled Workers Visa ,
Hiring & Firing ,
Immigration Enforcement ,
Immigration Procedures ,
International Entrepreneur Rule ,
L-1B ,
Policy Memorandums ,
Regulatory Agenda ,
Trump Administration ,
USCIS ,
Visas ,
Work Visas
The Trump administration has announced that it will end the Deferred Action for Childhood Arrivals (DACA) program, which has provided removal protection (i.e., from deportation) and temporary work permits to nearly 800,000...more
The U.S. Citizenship and Immigration Services (USCIS) issued a new version of the Employment Eligibility Verification, Form I-9 that employers will need to start using soon. As all employers know, the I-9 is the form used to...more
If you thought it would be safer to require every new hire to be an American citizen—think again. The U.S. Department of Justice (DOJ) has a new rule revising its prior regulations on Section 274B of the Immigration and...more
1/10/2017
/ Administrative Law Judge (ALJ) ,
Administrative Proceedings ,
Citizenship ,
Claim Procedures ,
Department of Justice (DOJ) ,
Employer Liability Issues ,
Employment Discrimination ,
Filing Requirements ,
Form I-9 ,
Immigration and Nationality Act ,
New Rules ,
OCAHO ,
Protected Class ,
Title VII ,
Unfair Immigration-Related Practices
The U.S. Department of Justice (DOJ) has issued an interim final rule that increases significantly the monetary fines assessed against employers for violations of federal immigration law.
Under the Immigration Reform and...more
This past December, the National Labor Relations Board (NLRB) issued its Final Rule implementing an accelerated process for conducting union representation elections—the “Quickie Election” Rule. The new regulations are to go...more
The NLRB recently issued another case on employer social media policies, ruling that clicking Facebook’s “Like” button can constitute “protected, concerted” employee activity under the National Labor Relations Act (NLRA)....more