Immigration

Legal limbo or law of the land? The ‘new’ no-match rule from DHS

12/24/2008

In 2007, a U.S. District Court judge in California had enjoined the U.S. Department of Homeland Security from enforcing new rules that changed the language of the no-match letters issued by the Social Security Administration and the requirements for how employers must respond to the letters. DHS announced that its final no-match rule was taking effect Oct. 28, 2008.

I-9, FMLA, ADA overhaul: Are you ready?

12/24/2008

The year that the Society for Human Resource Management (SHRM) predicts will carry “the most sweeping HR-related changes in 30 years” starts with a bang this month as HR professionals must adapt to important changes to two key employment laws—the FMLA and the ADA—and replace their I-9 forms.

Feds issue new I-9 form: Start using it by Feb. 2

12/18/2008

U.S. employers must begin using a revised version of the I-9 Form starting Feb. 2. Employers that use the current edition of the I-9 (dated 06/05/2007) after Feb. 2 may be subject to fines.

Obama to inherit dispute over SSN ‘no match’ letters

12/18/2008

How should employers respond to a government “no-match letter” that identifies discrepancies between an employee’s name and the Social Security number provided for I-9 purposes? The Department of Homeland Security tried to clarify that issue last year with new regulations, but a lawsuit held it up.

‘Dream survey’ clues Las Vegas firm to employee hopes, needs

12/08/2008

Station Casino executives want to know what their employees dream about. A 20-question “dream survey” asks workers at the Las Vegas-based organization questions like, “Do you dream of owning your own house?” and “Do you dream of owning your own computer?” Here’s what their answers led the organization to do.

Should you make copies of employees’ I-9 documentation?

12/01/2008

Federal law says employers are allowed, but not required, to make copies of the drivers’ licenses and other documents that their employees show for I-9 purposes. But is it legally wise to make those copies? Attorneys are split on the issue. Here’s our analysis, plus answers to six common I-9 questions …

Ballot initiatives in several states and cities usher in employment law changes

11/21/2008

While the Obama victory grabbed the headlines on Election Day, voter referendums in several states and cities ushered in important employment law changes. Here are some key results.

Concerns about immigration status don’t equal national-origin discrimination

11/12/2008

Employees who claim their employers somehow discriminated against them because they have immigration problems or aren’t U.S. citizens can’t automatically sue for national-origin discrimination under the Minnesota Human Rights Act or Title VII. Instead, they must prove that the underlying discrimination was based on national origin.

If you hire illegal workers, better pay them

11/10/2008

An employee is an employee, regardless of his or her right to be present in the United States and work here. Thus, even illegal immigrants who were hourly employees can sue for back pay if their employers didn’t pay at least minimum wage and overtime.

DHS Issues ‘Final’ No-Match Letter Rule, While Critics Vow to Continue Opposition

10/28/2008

The Department of Homeland Security has, for the second time, issued a final rule on what employers must do when they receive "no-match" letters questioning the employment eligibility of their workers. Immigrant-right groups are preparing to oppose the rule. Next stop: a federal court in California, where a judge will decide whether the new rule is constitutional.