Tag: compliance

Settlement Highlights Importance of HR Training

In a real-world example of how a misunderstanding of how to conduct employment eligibility verification, the Department of Justice recently published a settlement agreement that demonstrates how a nuanced requirement for human resource professionals can be quite costly to the organization at large. Recently, the Immigrant and Employee Rights Section (IER) of the Civil Rights… Continue reading Settlement Highlights Importance of HR Training

New Form I-9

On Jan. 31, 2020, USCIS published the Form I-9 Federal Register notice announcing a new version of Form I-9, Employment Eligibility Verification. This new version contains minor changes to the form and its instructions. Employers should begin using this updated form as of Jan. 31, 2020. Employers may continue using the prior version of the… Continue reading New Form I-9

NH Painting Contractor to Pay Nearly $500K in Wages, Dmanages and Penalties

A NH painting contractor was charged in October 2012 for violations of the Fair Standards Labor Act’s (FLSA) minimum wage, overtime and record keeping requirements. In 2014, the Department of Labor (DOL) obtained a preliminary injunction preventing the contractor from intimidating, retaliating or discriminating again current or former employees involved in the investigation and lawsuit.… Continue reading NH Painting Contractor to Pay Nearly $500K in Wages, Dmanages and Penalties

OCAHO Reduces Fines Notwithstanding Backdating of Forms I-9

The Office of the Chief Administrative Hearing Officer (OCAHO) reduced the penalty for Liberty Packaging, Inc. after finding that although backdating I-9 forms is a serious violation, Liberty Packaging Inc. (Liberty) is a small employer with no history of previous violations and the unauthorized status of the five individuals listed in the NSD was not… Continue reading OCAHO Reduces Fines Notwithstanding Backdating of Forms I-9

PACKAGING COMPANY FINED THOUSANDS FOR BACKDATING I-9s

OCAHO ordered a California-based Liberty Packaging Inc. to pay $12000 for acting in bad faith by backdating 18 I-9 forms following a NOI (Notice of Inspection). The fine was lowered from $17000 by an Administrative Law Judge because they were a small employer with no previous violations. Immigrations and Customs Enforcement became suspicious because markings… Continue reading PACKAGING COMPANY FINED THOUSANDS FOR BACKDATING I-9s

MN Staffing Company Fined $225K for I-9 Violations

Employer Solutions Staffing Group II (ESSG), a large MN company with six to eight thousand temporary employees on its payroll, was recently fined $225 for “creating false attestations” on Section 2 of the I-9. Specifically, ESSG reviewed copies of the employee’s I-9 documents “without ever seeing the individuals whose documents they examined.” This is a… Continue reading MN Staffing Company Fined $225K for I-9 Violations

EMPLOYERS BEWARE – THE U.S. GOVERNMENT WILL SPEND $$$$ TO COLLECT $500 FOR I-9 VIOLATIONS

In a recent case, U.S. v. Keegan Variety, LLC, 11 OCAHO no. 1238 (2014), the Department of Homeland Security (DHS) and Immigration and Customs Enforcement (ICE) spent tens of thousands of dollars (think daily salaries of the investigators, the Judge and his/her staff) to collect $500 from an employer for two I-9 violations. Keegan Variety… Continue reading EMPLOYERS BEWARE – THE U.S. GOVERNMENT WILL SPEND $$$$ TO COLLECT $500 FOR I-9 VIOLATIONS

E-Verify Employer Found Liable for 129 Form I-9 Violations

Golf International DBA Desert Canyon Golf, an E-Verify employer, was found liable for 129 Form I-9 violations by the Office of the Chief Administrative Hearing Office (OCAHO).  This included 125 violations consisting of failure to ensure that employees properly completed Section 1 of Form I-9 and/or failure to properly completing Section of Form I-9 and… Continue reading E-Verify Employer Found Liable for 129 Form I-9 Violations