Who Knew the I-9 Could Cost So Much

Well, just ask Krispy Kreme.  They were fined $40,000 this week for I-9 non-compliance.  Ask American Apparel who is facing fines of $150, 000 + and because they are alleged to have hired unauthorized workers, the law allows for jail time as well.  Keep an eye on the news, this is just the beginning.  ICE is inspecting work sites at a record pace and there will be more stories like this surfacing every day.  The law puts the responsibility of verifying employment authorization solely on the shoulders of the employer!  It has been the law for more than 20 years and businesses are either choosing not to comply or are not clear how to comply.  This is dangerous territory.

The new era of enforcement has begun and every company is at risk of facing fines for non-compliance.  Every business owner should take a hard look at their hiring practices and company policies relating to the Form I-9, Employment Eligibility Verification. 

For more information on the Form I-9 and E-Verify visit www.I-9Okay.com

E-Verify is a Hot Topic

In a press release from the Department of Homeland Security dated July 8, 2009, Deparment of Homeland Secretary Janet Napolitano announced the Administration’s support for a regulation that will award federal contracts only to employers who use E-Verify to check employee work authorization. The declaration came as Secretary Napolitano announced the Department’s intention to rescind the Social Security No-Match Rule, which has never been implemented and has been blocked by court order, in favor of the more modern and effective E-Verify system.

“E-Verify is a smart, simple and effective tool that reflects our continued commitment to working with employers to maintain a legal workforce,” said Secretary Napolitano. “Requiring those who seek federal contracts to use this system will create a more reliable and legal workforce. The rule complements our Department’s continued efforts to strengthen immigration law enforcement and protect critical employment opportunities. As Senator Schumer and others have recognized, we need to continue to work to improve E-Verify, and we will.”

E-Verify, which compares information from the Form I-9, Employment Eligibility Verification  against federal government databases to verify workers’ employment eligibility, is a  web-based system operated by DHS in partnership with the Social Security Administration (SSA). The system facilitates compliance with federal immigration laws and helps to deter unauthorized individuals from attempting to work and also helps employers avoid employing unauthorized aliens.

The federal contractor rule extends use of the E-Verify system to covered federal contractors and subcontractors, including those who receive American Recovery and Reinvestment Act funds.  After a careful review, the Administration will push ahead with full implementation of the rule, which will apply to federal solicitations and contract awards Government-wide starting on September 8, 2009.

For expert advice concerning the use of E-Verify please contact www.I-9Okay.com. We are Designated Agents of bothe the Department of Homeland Security and the Social Security Administration.

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