On March 14, 2022, the U.S. District Court for the Eastern District of Texas delivered a victory for businesses that utilize independent contractors, and for independent contractors themselves, when it held that the...more
3/16/2022
/ Administrative Procedure Act ,
Corporate Counsel ,
Department of Labor (DOL) ,
Employee Definition ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Gig Economy ,
Independent Contractors ,
Labor Reform ,
Labor Regulations ,
Minimum Wage ,
Over-Time ,
Statutory Violations ,
Wage and Hour
In the spring of 2019, the Social Security Administration (SSA) renewed its practice of sending employment eligibility correction request notices (known as “no-match letters”) to employers. The SSA had discontinued the...more
10/31/2019
/ Employer Liability Issues ,
Employment Eligibility Verification ,
Foreign Workers ,
Form I-9 ,
Hiring & Firing ,
Immigration and Customs Enforcement (ICE) ,
Immigration Enforcement ,
Immigration Procedures ,
Immigration Reform ,
Internal Audit Functions ,
No-Match Letters ,
Risk Management ,
Social Security Administration (SSA) ,
Social Security Numbers ,
W-2
On July 4, 2018, the U.S. Department of Justice obtained a partial victory in its challenge of California’s Immigrant Worker Protection Act ("Assembly Bill 450" or "AB 450") and other sanctuary laws when a California federal...more
7/16/2018
/ Department of Justice (DOJ) ,
Deportation ,
Employer Liability Issues ,
Federal v State Law Application ,
Immigrant Protection Laws ,
Immigration and Customs Enforcement (ICE) ,
Immigration Enforcement ,
Immigration Procedures ,
Immigration Reform ,
Motion To Enjoin ,
Privately Held Corporations ,
Sanctuary Cities ,
State and Local Government ,
Supremacy Clause ,
Trump Administration ,
USCIS ,
Worker Protection Standard ,
Workplace Investigations
U.S. Immigration and Customs Enforcement’s former acting Director, Thomas Homan, indicated last fall that he wanted to quadruple worksite enforcement, and ICE is on track to do so. ICE recently announced it performed 3,510...more
5/21/2018
/ Business Interruption ,
Deportation ,
Employer Liability Issues ,
Employment Eligibility Verification ,
Enforcement Actions ,
Form I-9 ,
Immigration and Customs Enforcement (ICE) ,
Immigration Enforcement ,
Immigration Procedures ,
Immigration Reform ,
Raids ,
Trump Administration ,
Undocumented Immigrants
On March 6, 2018, the U.S. Department of Justice filed a lawsuit challenging California’s Immigrant Worker Protection Act (Assembly Bill 450), among other laws designed to limit the extent state law enforcement and prisons...more
3/13/2018
/ Department of Labor (DOL) ,
Deportation ,
Employer Liability Issues ,
Employment Eligibility Verification ,
Federal v State Law Application ,
Form I-9 ,
Immigrant Protection Laws ,
Immigration and Customs Enforcement (ICE) ,
Immigration Enforcement ,
Injunctive Relief ,
New Legislation ,
Sanctuary Cities ,
State and Local Government ,
Supremacy Clause ,
Trump Administration ,
Worker Protection Standard ,
Workplace Investigations
Increased immigration enforcement and a reduction in illegal entry into the United States remain among the Trump administration's highest priorities. Notably, Acting ICE Director Thomas Homan has reportedly ordered Homeland...more
11/9/2017
/ Audits ,
Business Interruption ,
Deportation ,
Employer Liability Issues ,
Employment Eligibility Verification ,
Form I-9 ,
Hiring & Firing ,
Immigration and Customs Enforcement (ICE) ,
Immigration Enforcement ,
Immigration Procedures ,
Immigration Reform ,
Raids ,
Trump Administration ,
Undocumented Immigrants
As a reminder, on July 17, 2017, the United States Citizenship and Immigration Services (USCIS) released a revised version of the Form I-9, Employment Eligibility Verification, which employers must begin using no later than...more
The Department of Homeland Security (DHS) takes the position that employers must physically review original documents in the actual presence of a new hire when completing the attestation in Section 2 of the Form I-9 (the...more
8/15/2016
/ Corporate Counsel ,
Department of Homeland Security (DHS) ,
E-Verify ,
Employer Liability Issues ,
Form I-9 ,
Hiring & Firing ,
Immigration ,
Immigration and Customs Enforcement (ICE) ,
Immigration and Nationality Act ,
OCAHO ,
Popular ,
Staffing Agencies