Immigration

DHS is cracking down — follow these I-9 best practices

10/19/2009

Times are changing in the world of workplace immigration law. Employers now have to complete a new version of the I-9 Form. The feds just launched “a bold new audit initiative” to punish employers who hire illegals. And starting Sept. 8, thousands of federal contractors are required to use the electronic E-Verify system. Result: a greater risk for immigration-related trouble than ever before …

It’s final: Federal contractors must use E-Verify

10/02/2009

The federal government’s requirement that contractors confirm employee eligibility through Homeland Security’s E-Verify database has overcome its final legal hurdle. Several government contractors had sued to block implementation of the online verification requirement, but a federal court decision in Maryland cleared the way for it to take effect.

The new E-Verify mandate: Who must comply?

09/18/2009

A federal court brushed aside last-minute legal appeals from business groups, allowing implementation of the new E-Verify mandate for federal contractors, effective on Sept. 8. The U.S. Citizenship and Immigration Services published a list of frequently asked questions about the new rules, including who must comply and how. Go to www.uscis.gov/everify.

Ohio nonprofit busy as wage theft complaints rise

09/08/2009

Several employee advocacy groups are reporting more complaints of workers not getting paid for work they have performed. Many of those complaining are undocumented workers who fear being deported. Advocates say they often have to persuade illegal immigrants that wage-and-hour laws cover them, too, and that they have a right to be paid.

You don’t have to pay foreign workers’ visa fees or transportation costs

09/08/2009

Employers that need seasonal employees often rely on foreign workers to fill those slots. Workers from other nations must apply for an H-2B visa before coming to the United States to work. Until now, the 5th Circuit Court of Appeals had not yet decided whether expenses related to H-2B workers’ travel to the United States had to be reimbursed by the employer. It has now decided that they do not.

Federal contractors must use E-Verify starting Sept. 8

09/01/2009

Starting Sept. 8, federal contractors and subcontractors must begin using the government’s E-Verify system to confirm their employees’ eligibility to work in the United States. After a year’s worth of court delays, the Internet-based employment-eligibility verification system is now mandatory for companies doing business with Uncle Sam.

What’s the latest on the employment of immigrants in the Carolinas?

08/28/2009

Q. My company has about 80 employees spread among four stores in Charlotte and upstate South Carolina. Business is rebounding, and we expect 10 to 15 new hires in the next few months. Proposed changes in immigration laws are often in the news. Is there anything new I should know?

Turn to legal or immigration experts when facing wage-and-hour complexities

07/24/2009

If you employ seasonal labor, import employees from other countries and make payroll deductions for their equipment and transportation, you may want to hire an expert in visas and seasonal labor. That’s what saved one employer from double damages and an extra year of liability.

N.C. court stops pay raises for migrant workers nationwide

07/24/2009

Minimum wages for immigrant farm workers won’t go up following a North Carolina federal judge’s decision to halt a federal government plan to overturn an H-2A visa regime it had implemented just last year. The injunction means farmers nationwide can continue to pay H-2A visa holders between $7.25 and $8.51 per hour.

When labor, immigration laws clash, NLRB decides

07/17/2009

The Department of Homeland Security has authorized more raids on workplaces it suspects include undocumented workers—and employers, not the workers, are being charged with breaking the law. At the same time, the NLRB is pushing employers to settle unfair labor practice cases and ordering them to rehire employees terminated for exercising National Labor Relations Act rights. But what happens when those fired workers are actually ineligible to work?