The word “audit” can strike fear in the hearts of HR professionals across the country. With increasing fines, an I-9 audit can turn a small mistake into a big cost....more
On May 10, 2023, Florida Governor Ron DeSantis signed Senate Bill 1718, which significantly impacts employers with operations in Florida. All U.S. employers, public and private, with over 25 employees in Florida must properly...more
Takeaways - Citizenship and immigration status are now covered by the New York Human Rights Law. Penalties have been increased for violations of mandatory overtime for nurses. A tight deadline has been created for...more
Here’s what to expect following a Notice of Inspection (NOI). Since the Immigration Reform and Control Act (IRCA) was passed in 1986, employers in the United States have been required to verify candidates’ employment...more
United States Citizenship and Immigration Services (USCIS) announced that employers should continue to use the current Form I-9 for employment eligibility verification, even after the expiration date has passed. The current...more
As automobile manufacturers continue to navigate remote work decisions, employers should remain cognizant of onboarding process and document retention implications due to the possibility of virtual or alternative Form I-9...more
Employment Authorization Documents (“EAD cards”) authorize certain foreign nationals to work in the United States during their validity period. An EAD card is one of many documents an employee may present as the basis for his...more
Key Takeaways - Form I-9 employment eligibility verification flexibility to physical inspection requirements is extended through October 31, 2022 Effective May 1, 2022, employers are no longer permitted to accept...more
Zoom Video Communications, Inc., has been sued for alleged hiring discrimination against a DACA recipient. According to the lawsuit filed by Royer Ramirez Ruiz, Zoom or a recruiter for Zoom made improper pre-employment...more
The Biden Administration is ending worksite raids to catch unauthorized workers, according to a memorandum issued last week by Alejandro Mayorkas, Secretary of the U.S. Department of Homeland Security. In doing so, the...more
Complying with statutory workplace requirements does not necessarily excuse an employer from its bargaining obligations. A panel of the National Labor Relations Board (NLRB) upheld an Administrative Law Judge’s (ALJ) finding...more
Last year, a new law was enacted requiring public and private employers to comply with Florida’s new E-Verify mandates, with Fla. Stat. § 448.095 of the Florida Statutes taking effect on January 1, 2021. The law makes the use...more
Even in the calmest of times, immigration law, especially I-9 compliance, can be complex. Regulations and verification methods are constantly changing, yet compliance is essential to remaining in business (ideally, by not...more
Like many states before it, the State of Florida has enacted new requirements for mandatory use of E-Verify and expanded I-9 documentation requirements for private and public employers. The new law, which went into effect...more
In March, as a result of the COVID-19 pandemic, the U.S. Department of Homeland Security allowed more flexibility for employers seeking to verify documentation for I-9 forms. The DHS has now extended that flexibility for...more
Advice to U.S. Employers: Immigration Insights Series during COVID-19 Crisis - A Series of Advisories - Proskauer's Immigration Practice Group is advising clients on an array of challenges as companies find it...more
Earlier this month, the United States Supreme Court issued an opinion enabling state prosecutors to use information found in federal I-9 documents when prosecuting unauthorized immigrants for identity theft....more
By way of background, under the Immigration Reform and Control Act of 1986, employers are required to complete a Form I-9 for each newly hired employee. The purpose of the Form I-9 is to verify the identity of each new...more
Proskauer's Immigration Practice Group is advising clients on an array of challenges as companies find it difficult to comply with their Immigration and Reform Control Act (IRCA) obligations and maintain the legal status of...more
Department of Homeland Security (DHS) announced on March 20, 2020 that it will allow for flexibility in the completion of the Employment Eligibility Verification (Form I-9) for employers working remotely due to COVID-19...more
On March 3, 2020, the Supreme Court of the United States (SCOTUS), in a 5-4 ruling, agreed with the State of Kansas that it could use the state’s identity theft statutes to prosecute three separate criminal cases where the...more
Given an increase in federal investigations, employers in industries paying hourly wages should prepare now for I-9 audits and investigations to ensure compliance with federal immigration laws. Recent raids on seven...more
Oregon joins California in requiring employers notify employees of any government investigation into a company’s Form I-9 practices. What triggers such a government investigation? ...more
HSI Increases I-9 Audits to Target Unauthorized Employment - In October 2017, U.S. Immigration and Customs Enforcement (“ICE”), a division of the Department of Homeland Security, pledged to increase workplace enforcement...more