Question 1

What recent high-profile actions did ICE take regarding worksite enforcement?

Accepted Answer

In April, ICE issued a notice of intent to fine three Denver, Colorado businesses over $8 million following worksite audits. In June, ICE, Border Patrol, the Louisiana State Police, the ATF, and the FBI arrested 84 illegal aliens at the Delta Downs Racetrack in Louisiana. [00:37, 01:17]

Question 2

How many workers has ICE detained so far this year through worksite enforcement?

Accepted Answer

So far this year, ICE has detained more than 1,000 workers through worksite enforcement actions. [02:00]

Question 3

What law made it illegal to knowingly hire or retain unauthorized workers and required the Form I-9 process?

Accepted Answer

The Immigration Reform and Control Act of 1986. [02:26, 02:35]

Question 4

How did enforcement intensity change during the Trump administration?

Accepted Answer

There were increased worksite raids and arrests with a sevenfold increase in ICE arrests at worksites in 2018. [02:59]

Question 5

Which industries are worksite raids tending to focus on?

Accepted Answer

They are focusing on employee staffing agencies, restaurants, manufacturing, grocery stores, meat processing, and probably a few other industries. [04:19]

Question 6

What are ICE and Homeland Security now serving to employers to request documents?

Accepted Answer

They are serving thousands of Notices of Inspection, which are requests for documents like I-9s and payroll records. [05:27]

Question 7

How quickly must an employer present records after receiving a Notice of Inspection?

Accepted Answer

You have to be ready to present those records within three business days of the demand. [05:54]

Question 8

What is a Notice of Suspect Documents?

Accepted Answer

It is a notice issued after review of records that identifies employees who do not appear to have proper work authorization. [06:14]

Question 9

What is the typical fine for I-9 paperwork violations?

Accepted Answer

The fine is usually over $2,800 per I-9. [07:08]

Question 10

How do ICE 287(g) agreements relate to local police?

Accepted Answer

The 287(g) agreements allow local police to help enforce immigration laws, with over 579 such agreements nationwide. [07:44, 08:00]

Question 11

How can employers prepare for an ICE audit of their records?

Accepted Answer

Employers should ensure they have a properly completed Form I-9 for each employee, that the hire date on the I-9 matches payroll and E-Verify records, and that documents recorded on the I-9 match documents submitted to E-Verify. [09:47, 10:11]

Question 12

What are Status Change Reports in the E-Verify system?

Accepted Answer

These reports notify employers of people who have lost employment authorization, for example, due to termination of parole status or TPS status. [11:51]

Question 13

What is required for law enforcement to enter non-public areas of a workplace during a raid?

Accepted Answer

They must have a valid search warrant or the employer's consent. [13:00]

Question 14

What must a judicial search warrant include?

Accepted Answer

It must be signed and dated by a judge, include a timeframe for the search, a description of the premises, and a list of items to be searched for. [13:21]

Question 15

What does it mean for a company to accept the warrant but not consent to the search?

Accepted Answer

You do not have a choice when they enter with a judicial warrant, but you can state that you do not consent to the search, which allows you to later challenge the search if there are grounds to do so. [14:02]

Question 16

Can law enforcement use an administrative subpoena to enter private areas of a business without permission?

Accepted Answer

No, an administrative warrant or subpoena does not allow agents to enter private areas without your permission. [15:52]

Question 17

What should an employer look for to confirm a document is a judicial warrant?

Accepted Answer

A judicial warrant must be signed by a judge and say "US District court" or have a state court identification at the top. [18:22]

Question 18

Should company representatives give statements to federal agents?

Accepted Answer

Company representatives should not give any statements to federal agents or allow themselves to be interrogated before consulting with an attorney. [22:48]

Question 19

Can an employer direct employees to refuse to speak to federal agents?

Accepted Answer

No, you may inform employees that they may choose whether or not to talk with federal agents, but do not direct them to refuse to speak to agents. [23:13]

Question 20

Should an employer hide employees or assist them in leaving the premises during a raid?

Accepted Answer

No, you should not hide employees or assist them in leaving the premises without permission to do so, as it could result in an obstruction of justice charge. [24:30]

Question 21

Is the EEOC still active under the current administration?

Accepted Answer

Yes. The EEOC is very much alive, and charges are being filed. The agency has shown an increase in aggressive investigations and recently registered its largest public settlement in almost 20 years. (04:41)

Question 22

Do my company's anti-discrimination policies need to be updated?

Accepted Answer

&nbsp;Yes. Policies and employee handbooks should be treated as living documents and audited annually to ensure compliance with recent legal changes. (02:45)

Question 23

Can we choose a job candidate based on their qualifications without risking a discrimination lawsuit?

Accepted Answer

Yes. You can and should choose the most qualified candidate. The key is to base your decision on objective, job-related criteria like experience, skills, and work history. The law is violated when a company uses these criteria as a pretext for a decision actually based on a protected characteristic like age, race, or gender. For example, it's legal to choose a candidate with more experience. It's illegal to reject a candidate with more experience because you assume they're "too old" for the team. (10:42)

Question 24

What is the Pregnant Workers Fairness Act (PWFA), and how does it affect our company handbook?

Accepted Answer

The PWFA requires employers to provide reasonable accommodations for pregnant employees. It's critical to update your handbook to reflect that in some cases, you cannot deny an accommodation for an obvious pregnancy even without a doctor's note. The standard for accommodation has been lowered. (16:09)

Question 25

Can we fire an employee who is out on workers' compensation?

Accepted Answer

Terminating an employee on workers' compensation is legally risky. It is generally more prudent to wait until they return or have reached maximum medical improvement, unless you can prove the position would have been eliminated regardless of their injury. (42:14)

Question 26

Is it okay to put a lactation space in a bathroom?

Accepted Answer

No. Under the Pump Act, the lactation space must be a private area that is not a bathroom. (18:44)

Question 27

Does our company need to put up labor law posters?

Accepted Answer

Yes. Employers should ensure they have up-to-date and legally required posters from various agencies (e.g., EEOC, FLSA, NLRB) displayed in a conspicuous place. (40:24)

Question 28

Should a manager make a complaint for an employee who is being harassed if the employee is not willing to?

Accepted Answer

Yes. Recent EEOC guidance suggests that an individual aware of a colleague in the same protected class being harassed may have standing to bring their own harassment claim, even if they were not the direct target. Employers should take all reports of harassment seriously. (21:58)

Question 29

What is the best way to handle an employee complaint?

Accepted Answer

It is important to have clear, well-documented, and consistently followed procedures for all complaints. Training for managers and an "open door" policy help ensure employees feel heard and that their complaints are taken seriously. (24:06)

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