Use of I-9 Information Before SCOTUS

The Supreme Court of the United States (SCOTUS) heard oral arguments this week on a case coming out of Kansas relating the use of information taken from the I-9 Form. Kansas v Garcia involves three restaurant workers who were charged by the state of Kansas with identity theft based on fraudulent information included in state…

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New York City Squeezes Speech

The New York City Commission on Human Rights is seemingly ramping up its restrictions on employers with a new Legal Enforcement Guidance on certain protections in the NYC Human Rights Law (NYCHRL). Specifically, a new guidance released this month provides that employers (as well as landlords) could be subjected to fines up to $250,000 for…

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Using Expired I-9 Forms

On the surface, it might not seem like good advice to use a government form that’s expired, but in the absence of an updated one, that is exactly what we recommend. Although the current Employment Eligibility Form, or the-9 form as it is customarily known, specifically states that it expired on August 31 of this…

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Maintain Hiring Standards! Dunkin’  Crackdown on Illegal Hiring

In the wake of initiating legal action against a number of franchises in Pennsylvania and Delaware for violating hiring standards in their franchise agreements, Dunkin this week announced that it is taking the hiring practice investigation nationwide. As all franchisees know, the Dunkin’ franchise agreement requires that franchise owners use the federal E-Verify system before…

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ICE Increasing I-9 Audits

As we advised you a few weeks ago, Immigration and Customs Enforcement (ICE) has already doubled the amount of worksite enforcement cases the agency initiated in all of 2017 – and there’s still 5 months to go in the federal fiscal year (October 1 – September 30). Well, our friends at SESCO Management Consulting tell…

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ICE Workplace Enforcement Doubles

US Immigration and Customs Enforcement (ICE) has already doubled the amount of ongoing worksite cases this fiscal year (October through May 4) compared to all of FY17! ICE enforces the Immigration Reform and Control Act (IRCA) of 1986, which requires employers to verify the identity and work eligibility of all individuals they hire. Thus far…

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What’s Brewing: NLRB, H-2B summer visas, Soda tax, Wages headed up, Sick leave

Good old 2017 ended with a bang, with the Trump Administration making good on its promises to axe a controversial ruling that Dunkin’ and other franchise owners have argued undermines the very foundations of franchising. The National Labor Relations Board has dumped the Obama-era joint-employer rule, which had sowed confusion and stirred fears of unionization…

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Revised I-9 Form Now Mandatory

We advised you back in July that a new I-9 Form, Employment Eligibility Verification, had been released by the United States Citizen and Immigration Services (USCIS) and further that the older form with an effective date of 11/14/16 would be accepted until September 18 at which time employers must use the newly released I-9 form…

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New I-9 Form Released

Early this week, the United States Citizenship and Immigration Services (USCIS) released a new version of the I-9 Form, Employment Eligibility Verification. The new form incorporates the 5 specific changes to the form, each of which is detailed on the USCIS website. The new form was effective and available for use immediately upon its July…

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California Immigration Bill Uses Employers

There has been much wailing and gnashing of teeth over President Trump’s goal of tightening immigration restrictions, but now a California Assemblyman is looking to put employers squarely in the middle of that battle. Assemblyman David Chiu (D-San Francisco) has filed Assembly 450, “the Immigrant Worker Protection Act”, which is scheduled to be heard sometime…

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