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It’s no secret that President-elect Donald Trump intends to carry out what he has called the largest mass deportation in U.S. history shortly after taking office.
U.S. employers—particularly those in the manufacturing, food processing, agricultural, construction, and hospitality industries with a relatively unskilled workforce—should immediately prepare for ramped-up government immigration enforcement in the workplace. Employers should get ready to endure a painful process, a sudden loss of workers, and administrative and criminal penalties.
Many employers with a substantial nonprofessional workforce have accumulated workers who may be unauthorized to be in the U.S., whether they entered the country undocumented or overstayed. Employers have been required since 1986 to check the documents of new hires to confirm their identity and work authorization in completing Form I-9, but those documents are easily faked. A rising number of employers have opted or been required to use the government’s electronic E-Verify system, which performs real-time validation against governmental systems. However, readily available counterfeit documents embodying the stolen identities of real citizens or permanent residents will be validated in E-Verify.
The U.S. Department of Homeland Security (DHS) has the authority to appear at a worksite with a notice of inspection and/or subpoena and demand that the employer produce the following within three days: historical lists of workers with dates of hire and termination, payroll and tax records, company ownership information, staffing vendor information, all I-9 forms required to be on file, and any copies of identity and authorization documents presented by employees. Immigration and Customs Enforcement (ICE) will have an expanding national team to inspect these documents.
· Learn how to conduct an I-9 internal audit to reduce errors and comply with ICE
· Learn how to Make sure I-9 verification, storage, and destruction are being handled meticulously at all sites.
· Learn the differences between Silent Raids and Forced Raids
· Learn how to Internally audit I-9s to find and fix patterns of errors.
· Learn how enrolling in E-Verify can reduce ICE fines and penalties
· Learn how to Evaluate recruiting patterns to detect systematic improprieties.
· Learn how to conduct an internal audit to avoid ICE audits
· Learn how to prepare an immigration component to the employer’s legal compliance policy.
· Learn how to mitigate raids by ICE to sensitive locations like hospitals, places of worship and schools
I-9 Audits: The ‘Silent Raid’
ICE sanctions are one problem that may arise from an audit, and these sanctions may be imposed for having incorrectly completed forms, for missing forms, and even for knowingly hiring unauthorized workers. Sanctions can range from $300 to $30,000 per worker, plus debarment from federal contracts, and are often disputed. Employers get 10 days to correct technical errors, but ICE takes an expansive view of what counts as substantive errors that can’t be corrected to avoid penalties. ICE can fine employers for failure to comply with extremely technical requirements for electronic storage of completed forms.
But even perfectly innocent employers face the risk of a sudden loss of workers following a government raid.
· Business Owners
· Company Leadership
· HR Professionals
· Compliance Professionals
· Managers/Supervisors
· Employers in all industries
· Small Business Owners
· All Employers
Margie Faulk is a senior level human resources professional with over 15 years of HR management and compliance experience. A current Compliance Advisor for HR Compliance Solutions, LLC, Margie, has worked as an HR Compliance advisor for major corporations and small businesses in the small, large, private, public, Non-profit sectors and International compliance. Margie has provided small to large businesses with risk management strategies that protect companies and reduces potential workplace fines and penalties from violation of employment regulations. Margie is bilingual (Spanish) fluent and Bi-cultural. Margie’s area of expertise includes Criminal Background Screening Policies and auditing, I-9 document correction and storage compliance, Immigration compliance, employee handbook development, policy development, sexual harassment investigations/certified training, SOX regulations, payroll compliance, compliance consulting, monitoring US-based federal, state and local regulations, employee relations issues, internal investigations, HR management, compliance consulting, internal/external audits, and performance management. Margie’s unique training philosophy includes providing free customized tools for all attendees. These tools are customized and have been proven to be part an effective risk management strategy. Some of the customized tools include the I-9 Self Audit. Correction and Storage program, Ban the Box Decision Matrix Policy that Employers can provide in a dispute for allegations, Family Medical Leave Act (FMLA) Compliance Guide, Drug-Free Workplace Volatile Termination E-Book and other compliance program tools when attendees register and attend Margie’s trainings. Margie holds professional human resources certification (PHR) from the HR Certification Institution (HRCI) and SHRM-CP certification from the Society for Human Resources Management. Margie is a member of the Society of Corporate Compliance & Ethics (SCCE).
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Clatid is recognized by SHRM to offer Professional Development Credits (PDCs) for the SHRM-CPSM or SHRM-SCPSM. This program is valid for 1.5 PDCs for the SHRM-CPSM or SHRM-SCPSM. For more information about certification or recertification, please visit - portal.shrm.org.
HRCI -
This webinar has been approved for 1.5 HR (General) re-certification credit hours toward California, GPHR, HRBP, HRMP, PHR, and SPHR recertification through the HR Certification Institute.
The use of this seal is not an endorsement by the HR Certification Institute of the quality of the activity. It means that this activity has met the HR Certification Institute’s criteria to be pre-approved for re-certification credit.
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