Employment Law Today Masthead
Brought to you by AHI's Employment Law Resource Center — www.ahipubs.com

April 10, 2007 — Volume 8, Number 24

AHI's Believe It Or Not
During a going-away party for a co-worker, an employee presented him with a two-inch-tall toy monkey. Seems like an innocent enough gag gift, right? Not when you consider that the co-worker opted for early retirement after he was accused of calling a black female employee a monkey, and the EEOC was currently investigating four other complaints of race discrimination at the job site. The employee’s poor gift-giving taste ended up costing him his job.

IN THIS ISSUE:

1. Feature Story: ICE Turns Up The Heat On Immigration Violations

2. Manager's Restrictions Can't Exceed Medical Restrictions

3. HR Soapbox: Boys Will Be Boys, Unless They're Guys...Then They Could Be Girls


 

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1. FEATURE STORY:
ICE TURNS UP THE HEAT ON IMMIGRATION VIOLATIONS

The Department of Homeland Security's Immigration and Customs Enforcement (ICE) has declared that it is "dramatically enhancing its enforcement efforts against employers that knowingly employ illegal aliens." They aren't kidding. In fiscal year 2006, ICE set records for worksite enforcement. It arrested 716 individuals on criminal charges (against both employers and employees) and 3,667 individuals on administrative charges. Combined, these figures are more than seven times greater than the total number of individuals arrested in worksite enforcement cases in 2002, the last full year that the INS was in operation.

It's not just large companies that need to worry about ICE breathing down their neck. Said an ICE official: "No matter how large or how small the company, ICE has no tolerance for individuals who use illegal aliens in their workforce."

And, as the following cases show, ICE is not only going after employers, but the individual executives and managers who actually hire illegal workers are being held accountable.

In March, ICE arrested the owner and three managers of a Massachusetts-based manufacturing company for allegedly knowingly accepting fraudulent "green cards" and Social Security cards, among other charges. If convicted, each of the four individuals could face up to 10 years in prison and a $250,000 fine.

Late last year, two executives of a California fence-building company pleaded guilty to knowingly hiring illegal immigrants. One agreed to pay a fine of $200,000; the other, $100,000.

Even if you don't knowingly hire illegal aliens, inadvertent I-9 mistakes can still result in penalties, not to mention the sudden loss of workers if ICE audits your records and removes employees who are not eligible to work in the U.S. Be sure you:

  • Follow timelines. Employees must complete Section 1 on their first day of work. Employers must complete Section 2 within three business days of the date employment begins. Forms must not be discarded until the later of one year after termination or three years after date of hire.

  • Understand which documents are acceptable. The I-9 form published by the government is outdated in this respect.

  • Only accept documents that appear genuine. You don't have to be a documents expert, but you can face sanctions for accepting documents that are obviously fake.

  • Allow the workers to decide which documents to show you. You can never dictate which documents you want to see, nor can you ask for more than is required.

To help you ensure that your I-9 forms will pass an ICE investigation, AHI developed the Complete I-9 Compliance Kit. Judge it for yourself at no obligation to purchase. Just use this link to receive a copy of the Kit for a free 30-day review. AHI's Complete I-9 Compliance Kit gives you everything you need to ensure your workers' I-9s are on the up-and-up, including step-by-step instructions, an accurate I-9 form, tracking and auditing forms, and a handy storage system. See for yourself. Order a review copy.

Complete I-9 Compliance KitBeware: Immigration and Customs Enforcement (ICE) is not only going after employers, but the individual executives and managers who actually hire illegal workers are also being held accountable.

Complete I-9 Compliance Kit

Pages: 60+ • Price: $99.00 • Format: I-9 records binder
with storage tabs, print manual, & interactive CD

The Kit gives you all the step-by-step guidance, forms, and tools you need in order to fill out, retain, reverify, and destroy Form I-9 in compliance with the Immigration Reform and Control Act (IRCA) and includes:

  • I-9 completion and record-keeping guidance
  • Interactive I-9 audit form
  • I-9 storage binder with tabs
  • FAQs
Don't risk costly fines or criminal charges! Order a review copy today!
2.

MANAGER'S RESTRICTIONS CAN'T EXCEED MEDICAL RESTRICTIONS

It's only natural to be concerned about employees with medical restrictions. The last thing you want is for them to re-injure themselves. But when managers allow "worst-case scenario" fears to dictate employment actions, a...View the full story on our website.

FREE REPORT

Check out the new Free Report, "Sexual Orientation & Gender Identity Discrimination In The Workplace," which explores how both federal and state courts have ruled in such matters and includes a summary of state laws.

3.
HR SOAPBOX: BOYS WILL BE BOYS, UNLESS THEY'RE GUYS...THEN THEY COULD BE GIRLS

Kick back, relax, and take a few minutes to check out the HR Soapbox, "Boys Will Be Boys, Unless They're Guys...Then They Could Be Girls," in which an editor discusses the different ways of addressing different groups of people.

TOP 5 RESOURCES FOR HUMAN RESOURCES PROFESSIONALS

The Complete Policy Handbook1.
The Complete Policy Handbook

Shows you how to safeguard against the damage that loopholes in your employee handbook can cause. You'll get a CD-ROM containing a complete set of ready-to-print policies for a foolproof manual of your own...policies that have stood up to courtroom challenges...with language that has worked in defending other employers.

Employer's Guide To Record-Keeping Requirements2.
Employer's Guide To Record-Keeping Requirements

Covers all the records, files, and documents demands made on employers by state and federal laws and agencies; as well as what you must post on company property to stay on the right side of employment laws.

Employee Problem Solver 3.
Employee Problem Solver

Gives you a solid mix of practical advice seasoned with legal experience for attacking the problem, not the personality, in difficult situations that you and your managers face every day. Each general problem area is designed to offer immediate practical steps for preventing, attacking, and solving tough personnel problems.

AHI's Complete Employee Termination Kit4.
AHI's Complete Employee Termination Kit

Covers all the steps, tips, and tools you need to: audit the termination decision; break the news to employees; interview exiting employees; properly document your actions; and comply with federal and state employment laws (including payment of final wages). It also includes customizable versions of all of the termination forms, notices, and documents you'll need.

Complete Personnel Documentation Library5.

Complete Personnel
Documentation Library

Gives you a complete collection of Human Resources department documents for every situation... customizable with the click of your mouse. We have designed all the forms based on legal specifications to protect you and your organization from costly fines and lawsuits.

Copyright © 2007 by Alexander Hamilton Institute, Inc.
Employment Law Resource Center at www.ahipubs.com
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