Sonoma Employers Advisory Council Lessons

On March 17, 2010, I spoke at the Sonoma County Employers Advisory Council regarding worksite enforcement and immigration concepts human resource professionals must master when employing foreign nationals.  I had some great questions from the group that I thought I might share from the presentation. 

1)  Can I use e-Verify as a pre-employment inquiry?

No.  e-Verify may only be used after the employee has been offered the position and accepts the position.  The memorandum of understanding (MOU) signed by all e-Verify participants outlines these terms of use.

2)  Can I use the social security verification service as a pre-employment inquiry?

No.  Although there is no direct regulation on the subject, it is probably not a good idea to use the SSNVS system during the hiring process or it could result in a discrimination claim or unfair employment practice. After someone is hired, it is permissible to use this service to ensure that the social security number is valid for wage reporting purposes.

3)  Can I review the Form I-9 for my subcontractors?

Probably not.  Due to privacy laws, your subcontractor will probably not share its Form I-9s with the contractor.  However, it is a good idea to have an indemnification clause in the contract to ensure that the subcontractor maintains sound I-9 practices and will indemnify the contractor in the event of a worksite enforcement action.  In a recent case, Wal-Mart was held responsible for its subcontractor’s failure to maintain proper I-9 records.

If you would like a copy of the power point from this presentation, please e-mail my office directly at info at harms-law and state your organization name and we will send you a copy.  Please refer to the worksite enforcement section of this website for further information and resources.

 Here are some of the topics covered by this powerpoint presentation:

E-Verify, I-9 Compliance and Worksite Enforcement: An Essential Primer for All Employers.  With the new changes to the I-9 and increased worksite enforcement actions, completing and maintaining the I-9 form, once viewed as a simple HR function, has become more complicated and riddled with significant liability.  This presentation will cover the following critical components of the Form I-9, the new e-Verify system as well as some tips for employers to protect themselves in event of a government worksite enforcement action:

1. Recent events in worksite enforcement
2. Possible employer sanctions from a worksite enforcement action: civil and criminal
3. Critical elements of the Form I-9 and common mistakes when completing the Form I-9
4. Changes to the Form I-9 and what these mean to HR professionals
5. E-Verify: What is it and what are the responsibilities involved with this system?
6. Should my employer enroll in e-Verify?  Is my employer required to enroll in e-Verify?
7. Strategies to reduce liability in the event of an audit and critical first steps for employers to follow when government agents arrive at the workplace