Immigration Reform and Control Act

News & Analysis as of

Storage of Form I-9: Guidelines for Employers

The Immigration Reform and Control Act of 1986 (IRCA) requires all US employers verify the employment eligibility of their employees by completing Form I-9 upon hiring an employee. In addition to completing the form,...more

Employers Must Take Care to Avoid Discrimination When Completing Form I-9

The Immigration Reform and Control Act of 1986 (IRCA) requires all US employers fill out Form I-9 upon hiring an employee to verify his or her employment eligibility. Although it may seem straightforward to request that an...more

Hospitality Update, No. 3, September 2013: Court Rejects "Al Capone Defense" To FLSA Violations

On July 29, a federal appeals court addressed the question of whether the Fair Labor Standards Act’s minimum wage and overtime protections apply to undocumented aliens working illegally for an employer. Drawing on an analogy...more

Revised Form I-9

Please be advised that as of May 7, 2013, employers are required to use a revised I-9 Employment Eligibility Verification form which has recently been issued by the U.S. Citizenship and Immigration Service (USCIS). This...more

Employment Newsletter - May 2013: Only the Revised I-9 Employment Eligibility Verification Form May Be Used for New Hires...

The Immigration Reform and Control Act of 1986 (IRCA) makes it unlawful for an employer to knowingly hire or continue to employ an alien not authorized to be employed in the United States. Under IRCA, employers must comply...more

Are You Ready for the "New and Improved" I-9 Form?

This alert reminds employers about the new I-9 employment authorization verification form and explains how to prepare to use it as required starting on May 7, 2013....more

Recordkeeping Part II

Who, What, Why . . . Who does it apply to: In this edition, it varies according to the requirements of the particular law identified below. I am taking a short two-part break from my regular format to bring you the...more

DACA Program Raises Questions For Employers In The I-9 Process

Companies must balance countervailing mandates under immigration law: verifying employment eligibility while not discriminating unlawfully. With the recent implementation of the Deferred Action for Childhood Arrivals (DACA)...more

Immigration Alert: Immigration Reform Discussions Underway in Washington

In the weeks since President Obama and the Senate’s bipartisan Gang of Eight both announced their set of principles for comprehensive immigration reform, a heightened debate of how reform will come to fruition has taken hold...more

Illegal Workers Can Recover Lost Wages for Texas Tort Claims

A recent decision from the Fifth District Court of Appeals in Dallas held that federal immigration laws do not preclude illegal workers from recovering damages, including lost wages, for Texas tort claims. ...more

New Compliance Concerns for Employers of Foreign Workers

Originally published in the 2012 Edition of Inside the Minds published by Aspatore/Thomson West. Introduction - This chapter discusses the current immigration enforcement climate for US employers, which involves a...more

The Deferred Action for Childhood Arrivals (DACA) Program: Its Implications for United States Employers

On June 15, 2012, President Obama announced the Deferred Action for Childhood Arrivals Program (DACA), creating a firestorm of reaction regarding its implications on immigration policy and the affected young people. Some...more

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