Labor & Employment Law Update

As government scrutiny of workplace immigration practices continues, employers need to be up-to-date with the latest compliance requirements to avoid legal penalties and costly litigation. Our recent webcast emphasizes why it is essential for businesses to have a clear, proactive plan in place before government agents show up unexpectedly and outlines best practices, including:

• Training your employees. Employees need to know and understand the company’s plan so that they know what to do and say if they encounter a government agency or police at the door. Crucial information includes identifying who is authorized to speak with agents, who within the company needs to be immediately notified, and a brief script to handle the encounter.
• Understanding the basics of common documentation. When a government agent visits, the documentation they present and stated purpose of the visit determines your next steps and responsibilities under the law. In addition, understanding the difference between judicial and administrative warrants, subpoenas, and notices of inspection will ensure that agents can access only the spaces and information authorized by the law.
• Preparing to turn over forms and documents in a timely manner. Plan as though you will be required to turn over legal documents such as I-9 forms and supporting materials within a short timeframe. This means having a reliable system in place for storing and managing important employee records.
• Familiarizing yourself with E-Verify laws. E-Verify, an online system that compares employee I-9 information with government records, is mandatory in some states. Employers must ensure compliance with state laws, even if they have only one remote worker located in a state requiring E-Verify procedures. Clear policies for remote work and employee relocation can minimize the risk of costly compliance issues.

For the full presentation on the latest updates in immigration compliance, watch the webcast recording on demand.