Showing the need for U.S. employers to both understand and adhere to Employment Eligibility Verification “Form I-9” documentation rules and best practices, the Department of Justice (DOJ) reached a settlement of $50,760 with a Louisiana company to resolve allegations that they “engaged in a pattern or practice of discrimination against non-citizens in the hiring and employment eligibility verification process,” according to a DOJ press release. In addition to ending illegal document requests, the company agreed to pay $43,560 in civil penalties and $7,200 in back pay with interest to the injured party. Continue reading
The U.S. Immigration and Customs Enforcement (ICE) – the largest investigative arm of the Department of Homeland Security (DHS) – has fined 14 New England employers during this fiscal year for various violations that enabled companies to hire illegal workers, according to a news release from ICE. The fines in the New England region, which include two companies in Maine and Massachusetts accounting for over $200,000 of the fine settlements, follow an investigation and audit of Form I-9 documents used to verify the employment eligibility of newly hired workers. Continue reading
North Carolina Governor Beverly Perdue has signed into law the requirement that cities, counties, and businesses in the state employing 25 workers or more use E-Verify, an internet-based system operated by the Department of Homeland Security (DHS) and the Social Security Administration (SSA) that allows participating employers to verify the employment eligibility of their newly hired employees. The law (House Bill 36) – “An Act To Require Counties, Cities, And Employers To Use The Federal E-Verify Program To Verify The Work Authorization Of Newly Hired Employees” – will be phased in for different employers from October 1, 2011, through July 1, 2013. Continue reading
With half of 2011 over, the time is right to revisit predictions about the background check industry made six months ago at the start of the year. Employment Screening Resources (ESR) – a background check firm accredited by the National Association of Professional Background Screeners (NAPBS®) – compiles an annual list of top background check trends as predicted by ESR’s founder and President Lester Rosen. The first of five installments of The Top 10 ESR Background Check Trends of 2011 Review features the number ten trend, new accreditation standards, and the number nine trend of the year, E-Verify and I-9 audits. For the other installments of the 2011 ESR Background Check Trends Review, visit Part 2, Part 3, Part 4, and Part 5.
- Number 10 ESR Background Check Trend for 2011: New Accreditation Standards Help Employers Select Background Screening Firms.
- Number 9 ESR Background Check Trend for 2011: E-Verify and I-9 Audits Help Government Find Employers with Illegal Workers.
As reported in the Wall Street Journal article “More ‘Silent Raids’ Over Immigration,” the U.S. Immigration and Customs Enforcement (ICE) – the principal investigative arm of the Department of Homeland Security (DHS) – has issued 1,000 new I-9 inspection notices in June 2011 to companies in all 50 United States as part of the government’s “quiet immigration raid” policy to crackdown on employers of illegal immigrants. This new round of I-9 inspections brings the number of companies audited by ICE in the fiscal year that began October 1, 2010 to 2,338, topping the previous year’s record of 2,196. Continue reading
The ‘Legal Workforce Act of 2011’ (H.R. 2164) recently introduced in the U.S. House of Representatives would make use of the federal government’s E-Verify electronic employment eligibility verification system mandatory for all employers in the United States in order to help ensure that all newly hired employees are legally eligible to work in the country, according to a press release issued by the bill’s chief sponsor, House Judiciary Committee Chairman Lamar Smith (R-Texas). Continue reading
In the ongoing effort to improve the federal E-Verify electronic employment eligibility verification system, the U.S. Citizenship and Immigration Services (USCIS) has deployed several enhancements to the E-Verify system beginning June 12, 2011. The existing E-Verify user IDs and passwords will still be valid and all cases will be available when users log in. The first time E-Verify users log in on or after June 12, 2011, they will be required to take a short tutorial to learn about the changes to the E-Verify system. To learn more, click here. Continue reading
A new law in Alabama signed by Republican Governor Robert Bentley would require employers to use the now-voluntary federal employment eligibility verification system known as E-Verify to ensure that newly hired employees are legally eligible to work in the United States and would also authorize the revocation of business licenses for companies that employ illegal workers. All Alabama employers, both public and private, must begin using E-Verify when hiring new employees no later than April 2012. Continue reading
In a 5-to-3 decision, the U.S. Supreme Court has ruled that states can punish employers who violate mandatory E-Verify laws by upholding a 2007 Arizona law that requires employers to enroll in the voluntary federal E-Verify program which checks the legal status of workers by comparing information on their Employment Eligibility Verification Form I-9s against Department of Homeland Security (DHS) and Social Security Administration (SSA) databases, according to a report on the National Journal website. Continue reading
The State Senates of Louisiana and Pennsylvania have overwhelmingly passed legislation – Louisiana Senate Bill 66 and Pennsylvania Senate Bill 637 – that would require state contractors to use the government’s E-Verify electronic employment eligibility verification system to verify that the workers they hire are legally eligible to work in the United States. Both bills now head to the Houses in their respective states for consideration. Continue reading