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I-9 E-Verify Immigration Compliance

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  1. JET of Saipan Distributes $40,000 in Back Pay to U.S. Workers Under IER Settlement

    By: Bruce Buchanan, Sebelist Buchanan Law

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    Immigrant and Employee Rights Section (IER) of the Civil Rights Division of the Justice Department announced J.E.T. Holding Co. Inc. (JET) has paid $40,000 to nine U.S. citizens pursuant to a January 17, 2017 settlement with IER, which resolved claims that JET discriminated against U.S. workers in favor of temporary foreign visa workers.

    In its investigation leading up to the settlement, the IER found JET, which operates a restaurant in Saipan, routinely refused to hire qualified U.S. citizens and other work-authorized individuals for dishwasher positions because of their citizenship status; rather, it preferred to fill the positions with temporary foreign visa workers. Under the Immigration and Nationality Act, employers cannot prefer to hire temporary foreign visa workers over available and qualified U.S. workers based on citizenship status. For more information on the settlement, see my prior blog entry at http://blogs.ilw.com/entry.php?9680-...-J-E-T-Holding.

    This settlement and back pay is another example of the IER and other immigration-related agencies striving to comply with President Trump’s Hire American Executive Order. For more information on Hire American EO, see http://hrprofessionalsmagazine.com/w...ecutive-order/, an article that I co-authored with Adam Cohen (@MDVisas).

    For more information on employer immigration compliance issues, I invite you to read my new book, The I-9 and E-Verify Handbook, which is available at http://www.amazon.com/dp/0997083379.
  2. Columbine Management Settles National Origin Lawsuit for $335,000

    By: Bruce Buchanan, Sebelist Buchanan Law PLLC

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    Columbine Management Services Inc. has agreed to pay $335,000 to settle allegations by the Equal Employment Opportunity Commission (EEOC) that it fired care providers because they were from Ethiopia or Sudan.

    Columbine Management also agreed to change the employees’ terminations to resignations, provide them with neutral references, and administer Title VII training (related to non-discrimination based on national origin and other protected classes) to supervisory and managerial employees for a two-year decree.

    The suit, which the EEOC initiated in July 2015, alleged a director for Columbine’s New Mercer Commons facility told a staff member that the facility should get rid of “these people because they just can’t speak English.” This statement was about employees from Ethiopia or Sudan.

    This case was handled by the EEOC because Columbine Management had 15 or more employees. If an employer has between 4 and 14 employees, the Immigrant and Employee Rights (IER) Section of the Department of Justice has jurisdiction over the national origin discrimination claim.

    This settlement is another example of how employers need to provide training to their supervisory and managerial staff on avoidance of national origin discrimination as well as other types of discrimination. For more information on avoiding national origin discrimination and unfair documentary practices related to employer immigration compliance, I invite you to read my new book, The I-9 and E-Verify Handbook, which is available at http://www.amazon.com/dp/0997083379.
  3. ICE’s Inspection Costs Bakery 800 Employees in its Workforce

    By: Bruce Buchanan, Sebelist Buchanan Law PLLC

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    As I have discussing in this blog, Immigration and Customs Enforcement (ICE) is ramping up it worksite enforcement activities. Recently, after ICE issued a Notice of Inspection (NOI) and Notice of Suspect Documents to an unnamed staffing company for Cloverhill Bakery of Chicago, Illinois, approximately 800 employees were terminated or quit due to being undocumented workers.

    Cloverhill Bakery, a part of the Swiss-based international company, Aryzta AG, lost about 35% of its workforce due to the staffing company’s employees being undocumented. As one can imagine, losing 35% of your workforce has made it difficult to meet production of products for its customers, fast-food chains and supermarkets.

    Although press reports referred to ICE’s action as a raid, it was not such; rather it was an inspection of the staffing company’s employees’ I-9 forms. The inspection of the I-9 forms is accomplished by the delivery of a NOI/subpoena by ICE agents.

    The NOI was issued earlier in 2017 and caused one of the largest groups of employees to lose their jobs due to lack of work authorization in 2017. Since the NOI occurred earlier this year, ICE did not take any actions to detain the 800 undocumented workers. Recently, ICE announced that it planned to detain undocumented workers found at employers’ facilities.

    If you are worried that your company is going to be the next ICE target, I recommend you get prepared now. The best way is to have an immigration attorney, well-versed in I-9 forms and worksite enforcement, conduct an internal I-9 audit. Alternatively, if you want to get a better understanding of immigration compliance for employers, I recommend you read my new book, The I-9 and E-Verify Handbook, which is available at http://www.amazon.com/dp/0997083379.
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