Worksite enforcement investigations have been on the rise, particularly since the significant surge in fiscal year 2018 by U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI). This trend is likely to continue, which indicates the importance for employers to be well-prepared for potential inspections. The I-9 inspection program is a key tool utilized by ICE to ensure compliance with employment laws and is part of a broader strategy aimed at preventing illegal employment. Alongside I-9 compliance, employers should be aware that the Department of Labor (DOL) might conduct site visits to probe into wage and hour issues, unfair labor practices, and public access files for H-1B-sponsoring employers.
Conduct Internal I-9 Audits
To be prepared for a potential worksite investigation, one of the primary steps employers should take is to perform thorough internal I-9 audits. These internal reviews involve examining the I-9 forms, which verify the identity and employment authorization of individuals hired for employment in the United States. Employers should ensure that all forms are filled out correctly, signed, and dated in compliance with federal regulations. By identifying and correcting any mistakes in the forms, employers can reduce the risk of penalties and fines associated with non-compliance.
Register for E-Verify
Enrolling in the E-Verify program is another proactive measure that employers can take. E-Verify is an internet-based system that allows businesses to determine the eligibility of their employees to work in the U.S. by comparing information from an employee’s I-9 form to data from U.S. Department of Homeland Security and Social Security Administration records. Utilizing E-Verify can demonstrate an employer’s commitment to maintaining a legal workforce and can provide an additional layer of protection against employing unauthorized workers.
Review and Audit Public Access Files
Employers who sponsor visas, such as through the H-1B program, should meticulously audit their public access files and permanent labor certification (PERM) five-year audit files to ensure they are up to date and compliant with regulatory requirements. These files must be readily available for government inspection, and any inaccuracies or omissions can lead to severe penalties. Regular audits can help identify and rectify any discrepancies, ensuring that all documentation is in order.
Examine Contracts with Staffing Agencies
It is crucial for employers to carefully review their contracts with staffing agencies to verify that these agencies are following proper employment authorization verification practices. Employers should ensure that staffing agencies are conducting thorough background checks and verifying work eligibility as per federal guidelines. This step helps in maintaining compliance and mitigating any risks associated with employing unauthorized workers through third-party agencies.
Assess Worker Classification
Determining whether your workers are classified as employees or independent contractors is essential for compliance with employment laws. Misclassification can lead to significant legal issues and financial penalties. Employers should assess their workforce to ensure proper classification and take corrective measures if any misclassifications are detected. Proper classification ensures that employees receive appropriate benefits and protections under the law.
Train Management and Staff
Training management and staff is another crucial step. Employers should educate their teams on the importance of compliance with employment verification processes and the legal consequences of non-compliance. Regular training sessions can ensure that everyone is aware of current laws and best practices related to employment verification. Additionally, participating in E-Verify can enhance a company’s reputation, signaling to clients and partners that they prioritize legal and ethical employment practices.