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Vol. 9, Issue 2
February 2, 2018

IMMIGRATION AGENTS
RAID U.S. BUSINESSES
FOR I-9 COMPLIANCE

U.S. Immigration and Customs Enforcement agents are actively auditing employers around the country to check the employment eligibility status of current employees.  In the past month agents have raided establishments such as 7-11 stores searching for illegal immigrant employees.  

Employers who employ immigrants who are not in the U.S. legally can face significant fines and penalties.  Federal officials will check to see if the employer has a current  Employment Eligibility Verification Form; otherwise known as the "I-9 form".

Employer I-9 Requirements:
 
Employers must complete Form I-9 for all newly-hired employees to verify their identity and authorization to work in the United States.  When hired for a new job, employees are required to prove that they are legally entitled to work in the United States.  The Form I-9 must be completed and kept on file by the employer.  In addition, employees must present original documents, not photocopies.  The only exception is an employee may present a certified copy of a birth certificate. On the form, the employer must verify the employment eligibility and identity documents presented by the employee and record the document information on the I-9 form.
 
Reminders for Employers:  
  1. When you present a new hire with a Form I-9 (which includes a list of acceptable documents for proving employment eligibility) do not request specific documents from the employee.  The list is available for employees to select the documents they will present to the Employer.                                                                  
  2. Do not accept expired documents or copies of originals. Documents must be current, and original. Employers are responsible for inspecting all documents presented to determine if they appear genuine. An employee who states that an original document is unavailable because it has been lost, stolen, or damaged can present instead a receipt showing that he or she has applied for an original document. That employee then has 90 days to receive and present you with the original.                                                                                                                                     
  3. There is no requirement for the employer to make or keep copies of the documents presented. If you do choose to make copies, you should apply this policy consistently for all employees.                                                                                  
  4. Provide the employee with a copy of the Form I-9 instruction forms.                        
  5. Maintain Forms I-9 for as long as the employee remains with the company and for the required retention period after employment terminates (three years from the date of hire or one year from the date employment ended, whichever is later).                                                                                                                                         
  6. When an employment authorization has expired, you will need to re-verify the employee in Section 3 of Form I-9.   Re-verification must occur no later than the date that employment authorization expires.  The employee must present a document from either List A or List C that shows either an extension of their initial employment authorization or new employment authorization.                        
  7. If the version of Form I-9 that you used for the employee's original verification is no longer valid, you must complete Section 3 of the current Form I-9 upon re-verification and attach it to the original Form I-9.                                                          
  8. English and Spanish versions of the Form I-9 can be found online at www.uscis.gov. 
Non- Compliance Penalties

Monetary penalties for knowingly hiring and continuing to employ non-eligible employees range from $375 to $16,000 per violation.  Penalties for other violations, including the failure to produce a Form I-9 range from $110 to $1,100 per violation.  

Criminal penalties can also be sought in situations where the employer intentionally enters into a pattern and practice of hiring employees not eligible to work in the U.S.

If you have any questions  about use of the I-9 forms please contact the LaBonte Law Group for additional  information.  

EMPLOYERS NEED TO IMPLEMENT
ANTI  HARASSMENT AND
DISCRIMINATION POLICIES

The rise of the "Me-Too" movement and the heightened awareness by the public and employees of sexual harassment and assault claims makes it vital for employers to take the time to evaluate the status and extent of their current anti- discrimination  and harassment policies.  Such policies should be distributed no less than once a year and every time there is an allegation of such an event occurring  in the workplace.

Many years ago the U.S. Supreme Court ruled that in order for a company to reduce liability for harassment claims employers must train employees and supervisors, require employees to report incidents of harassment, thoroughly investigate all reports, and take corrective action when necessary.  

The following is a guideline to assist you with implementing a program to prevent and substantially reduce harassment claims at the dealership.

1. Have an anti-harassment policy .  Employers should have a clearly defined anti-harassment policy.  The policy should prohibit sexual harassment plus all other types of discrimination on any protected characteristics, including, but not limited to, harassment based on gender, age, religion, race, disability, sexual orientation and national origin.  Be advised that harassment includes not only physical or verbal behavior but also instances of sending inappropriate text messages or posting unacceptable comments on an employee's social media page.
 
2. Provide clear instructions for filing a report.   Employers should provide a list of at least two names (with at least one being a female)  of dealership employees that can accept reports of harassment.
     
3. No Retaliation.   The policy should clearly prohibit retaliation against anyone reporting harassment or other illegal behavior.
 
4. Clearly stated penalties.   The policy should clearly state that the punishment for harassing behavior can include suspension and termination.  Discipline anyone who harasses or discriminates  against another employee or retaliates against an individual reporting harassment.
 
5. Communicate the policy.   Provide a copy of the policy no less than once a year and require employees to sign and acknowledge they have read it.
 
6. Take all complaints about harassment seriously.    Have a manager conduct a thorough investigation as soon as possible.  The key to maintaining a happy workforce and avoiding costly legal battles is to investigate and resolve problems before they get out of hand.  Waiting too long to investigate a claim can result in complaints with federal or state agencies or the filing of multi-million dollar lawsuits.
 
7. Document everything.   During an investigation take detailed notes and interview anyone who may have witnessed the inappropriate behavior.    Be sure to describe the conduct, the response, the disciplinary actions taken and other details about the incident.
 
8. Preserve all relevant documents.   Following the investigation preserve all interview notes, signed statements from witnesses and discipline reports.  If an employer cannot produce such information during an agency investigation or litigation, it could be charged with destroying, tampering or suppressing evidence.
 
9. Confidentiality.   Make sure the parties and the  witnesses are informed that the facts of the case must remain confidential.  Only release information on a need-to-know basis.
 
10. However, Don't promise complete confidentiality.   If an employee reports harassing behavior but says "please don't tell anyone about this" you cannot promise to keep the matter completely confidential.  The behavior must be investigated once an allegation has been made or the dealership could be liable for not taking action.
 
11. Contact your attorney immediately.   I f you receive a complaint from an employee or a notice from an attorney or the EEOC that a harassment charge has been filed against your organization contact your attorney at once.  Your attorney will assist you with conducting the investigation and responding to the charges.  You should also contact your insurance agent to see if you have insurance coverage for this type of claim.
    
12. Do not discourage the filing of complaints.  Remain calm and provide the complainant  with a full opportunity to present their complaint.  Take every complaint seriously and thank the employee for bringing the complaint to your attention. Never use language or make comments that could be perceived as a threat or that could discourage an employee from filing future claims.  
 
The LaBonte Law Group can provide a seminar on harassment and discrimination including the rights of the employees, the specifics of your anti-harassment and discrimination policy and how to file a complaint.   

For more information on dealing with harassment claims, to obtain a sample harassment policy or to schedule an in-house training program please contact the LaBonte Law Group at 516-280-8580. 

Should you have any questions or need advice on anything related to dealership operations please do not hesitate to give me a call at 516-280-8580 or send me an e-mail to slabonte@labontelawgroup.com.  Your questions will be answered promptly.
Sincerely,

Stevan H. LaBonte, Esq.
LaBonte Law Group, PLLC
1461 Franklin Avenue, Suite LL-S
Garden City, NY 11530

516.280.8580 (Phone) 
631.794.2434 (Fax) 

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