We are fielding many questions from our clients stemming from Operation Metro Surge in the Twin Cities and Minnesota. Below, we’ve included some information about common topics to assist employers in navigating this difficult and unprecedented situation.
- ICE/DHS Onsite Visits. Employers should develop a protocol for employees to navigate an onsite visit from ICE or DHS agents, which will include: (1) designating a company representative to liaise with DHS agents and manage the response; (2) training staff on how to respond to a worksite visit, including reminders not to provide consent or permission to enter private areas or supply documents without a judicial warrant; (3) an explanation of the difference between an administrative warrant (which does not grant permission to search private areas) and a judicial warrant (which does, subject to the scope of the warrant); (4) procedures for securing and safeguarding employee records during the visit; and (5) a list of critical contacts, including legal representation, to call when agents arrive. If you have questions or need assistance during an on-site visit, please reach out to Courtney Blanchard or John Medeiros.
- I-9 Audit Requests. Minnesota employers are also seeing an uptick in subpoenas requesting I-9 records. Employers may consider preventative audits to flag and correct any compliance issues. In the event of a subpoena, we strongly recommend coordinating with counsel as soon as possible, since employers are required to respond within three business days of an I-9 subpoena.
- Political Walk-Outs (such as the January 23 General Strike). Employers are facing increased requests from employees seeking to engage in political/protest activity, such as the January 23 General Strike, which called for no work, no school, and no shopping. While employers may generally enforce reasonable attendance expectations, in certain cases, political activity like this may be protected by law. Even when it is not, employers may find that a flexible approach minimizes the impact on employee morale. For instance, some employers are planning ahead to poll attendance to coordinate essential coverage.
- Supporting Employees. This is a good opportunity to remind employees of resources available to support them during this time, including Employee Assistance Programs with legal, housing, and mental health resources. Employers may see an increase in requests to work remotely or to take time off to cover interrupted school or childcare. Proactive and transparent communication can help employees navigate these challenges alongside their employers.
