Hiring & Firing I-9

Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and... more +
Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and can create tremendous liability for employers who fail to properly adhere to acceptable employment practices. Some of the potential pitfalls in this area stem from discriminatory hiring practices, improper performance evaluations, and retaliatory firings.  less -
News & Analysis as of

Compliance Corner: Hiring and Maintaining a Legal Workforce

We’re all busy and regardless of your industry, those responsible for hiring our workforce are pulled in many different ways and have to keep abreast of countless local, state and federal workplace related laws and...more

Hiring Your Team: Initial Steps New Employers Must Take

You formed your new company and are ready to hire your team. While the legal requirements will vary by state, industry and employer size, here are some of the steps you should take or consider to comply with federal and state...more

I-9 Violations Result in Harsh Consequences

A recent decision by the Office of the Chief Administrative Hearing Officer – United States of America V. Hartmann Studios, Inc. – has resulted in more than $600,000 in civil penalties for the employer/defendant. The...more

Immigration Law for Startups: Best Practices, Prime Options, and Common Pitfalls

Guidance to new or foreign companies that are entering the U.S. market and seeking to employ either foreign nationals already in the United States on non-working visas, or foreign nationals overseas who wish to enter the...more

Startups and the Beginning of the Employment Relationship - Who, What, When, Where, and Why?

WHO to Hire? Startup companies can reduce or eliminate future problems with employees through careful hiring practices. Best practices include...more

Ask Fisher & Phillips: Our Top 10 Questions From Dealers (Part Three)

This edition of “Ask Fisher & Phillips” picks up where our last newsletter left off – here is the concluding segment of the “Top 10 Questions from Dealers” from the past year....more

West Virginia Amends State Rule Verifying Legal Employment Status of Workers

On July 1, 2015, a new legislative rule amending the procedures required for West Virginia employers to verify the legal employment status of their workers went into effect in West Virginia. Pursuant to section 21-1B-4 of the...more

Check Up or Pay Up: I-9 Compliance Fines Hit CA Company

On July 8, 2015, the Office of the Chief Administrative Hearing Officer (OCAHO), issued a decision finding Hartmann Studios, Inc. “liable for 808 violations of 8 U.S.C. § 1324a(a)(1)(B)”, namely hiring workers in the United...more

DHS Proposes Changes to E-Verify Program: I-9 Revirifications and FNC Formal Reviews

As employers continue to enroll in the E-Verify program at a high rate, the United States Department of Homeland Security (DHS) is considering various changes to this key program. Some of these changes place additional...more

Corporation Pleads Guilty and Forfeits $1 Million for Hiring Unauthorized Workers

On July 14, 2015, the U.S. Department of Justice, U.S. Attorney’s Office, announced that a corporation domiciled in Pennsylvania pled guilty to a one-count Bill of Information charging the company with harboring unauthorized...more

Proper Document for the Form I-9

I came across this piece of information in the latest edition of E-Verify Connection and want to share it as it’s relevant to when employers complete section 2 of the Form I-9. According to the Department of Homeland...more

Federal Guidance Clarifies When and How Employers Can Accept California’s New AB 60 Driver’s Licenses from Possibly Unauthorized...

Since early 2015, qualified California residents have been able to apply for and receive a driver’s license issued by the Department of Motor Vehicles without proving that their presence in the United States is authorized...more

I-9 COMPLIANCE - A Fixed Fee Program

Investigations and audits of Form I-9 documents by U.S. Immigration and Customs Enforcement (ICE) agents are steeply on the rise, and the Obama administration is promising to keep the heat on employers in the coming...more

I-9 and E-Verify Compliance Practices for Temporary Labor and Contractors Four things to do now to minimize risk

Many of our clients rely on temporary labor solutions and outsourcing of certain functions to contractors to make their businesses work. While these workers are not your direct employees, their presence on your site doing...more

What Happens When An Employee Admits I-9 Documents Were Fraudulent

On January 8, 2015, the U.S. Department of Justice (DOJ) Office of Special Counsel for Immigration Related Unfair Employment Practices (OSC) issued a technical assistance letter (TAL) in response to an employer’s request for...more

Employers: Start the New Year Off on the Right Foot with respect to Immigration Policies

Now is a good time for employers to take a look at their immigration policies to make sure that they are starting 2015 off on the right foot. For instance, employers should...more

Knowingly Employing Unauthorized Workers – Can You Give Employees a Second Chance to Provide Valid I-9 Documentation?

Knowingly employing an unauthorized worker is prohibited by federal law. As a result, I-9 audits are a necessary part of doing business, as the penalties for noncompliance are too severe to ignore this fact....more

What President Obama's Immigration Directives Mean For Businesses

Earlier this evening, President Obama announced executive action that would significantly impact employment and investment-based immigration. To implement these directives, the White House released its plan on immigration...more

BIA Holds Form I-9 Is Admissible in Immigration Proceedings

The Form I-9 is used by employers to verify a new hire’s identity and to establish that the worker is authorized to accept employment in the United States. The Form I-9 contains a section in which the employee must attest to...more

I-9 and E-Verify: Knowing the Difference Makes a Big Difference for Employers

At a recent presentation on Form I-9 compliance a participant asked: “Isn’t E-Verify just an electronic replacement for the I-9 form?” This a great question and I am glad someone asked it because knowing the answer is...more

Immigration Alert: September 2014

Sixth Circuit Expands the Liability of Health Care Employers for Sponsorship Costs - On August 20, 2014, the U.S. Court of Appeals for the Sixth Circuit issued its decision in Kutty v. U.S. Department of Labor, No....more

Avoiding Fines by Starting the I-9 Process Early. Just Not Too Early…

As we have noted in prior posts, Immigration and Customs Enforcement (“ICE”) has been aggressively pursuing I-9 inspections and imposing record fines (about $12.5 million per year) as part of its multi-year strategic plan....more

The U.S. Department Of Justice Confirms That Participation In E-Verify Does Not Provide Blanket Protection to Employers

In U.S. v. Golf International, an employer contended that E-Verify participation should entitle it to a presumption that it did not violate immigration laws after being issued an initial fine of $136,697 for failing to...more

USCIS Provides Guidance on I-9 Completion for Remote Hires

By Nelsy C. Gomez – With the existing stringent rules regarding the proper and timely completion of the I-9 form, many employers still find themselves wrestling with the issue of what to do with employees who are hired and...more

The Price of I-9 Noncompliance

The government continues its mission to hold employers accountable for I-9 noncompliance. As we recently reported, I-9 investigations are at an all-time high, with more than 3,000 audits taking place in 2012 compared to only...more

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