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

What is a "panel of physicians" in workers' compensation?

Accepted Answer

A panel of physicians is a list of doctors, selected by the employer, from which an injured employee can choose to receive medical treatment. In Georgia, an employee can select one doctor from this list and is allowed to make one change to another doctor on the same panel. This system gives both the employer and the employee a say in the medical care provided.

Question 22

What are the requirements for a valid panel of physicians in Georgia?

Accepted Answer

To be considered valid, a panel of physicians in Georgia must meet several specific requirements: It must list at least six physicians or professional associations that are reasonably accessible to employees. At least one physician must be an orthopedic surgeon. It cannot include more than two industrial clinics. The panel should include at least one minority physician. It must be posted in a prominent and conspicuous place on the employer's premises. The employer must take reasonable measures to ensure employees understand how the panel works and their right to select a doctor from it.

Question 23

What happens if an employer's panel of physicians is invalid?

Accepted Answer

If the panel is invalid, the employer loses control over the employee's medical care. This is a very significant consequence, as it means the injured employee can go to any doctor they want for treatment. This can lead to higher medical costs, longer recovery periods, and a general loss of control over the direction and cost of the claim.

Question 24

Why is it a mistake to fire an employee immediately after they file a workers' compensation claim?

Accepted Answer

Firing an injured employee right away is a costly mistake for several reasons: Loss of Light-Duty Offer: It eliminates your ability to offer a light-duty job to the employee, which is a primary tool for suspending weekly disability benefit payments. A job offer made to a terminated employee is unlikely to be considered a good-faith offer by the State Board. Increased Legal Risk: It can expose the company to lawsuits under the Family and Medical Leave Act (FMLA) and the Americans with Disabilities Act (ADA). Weakened Negotiating Position: It removes a major bargaining chip in settlement negotiations. The ability to bring an employee back to work can significantly lower the settlement value of a case; without it, you will likely pay more.

Question 25

How can an employer protect itself from liability when hiring subcontractors?

Accepted Answer

A company can be held liable as a "statutory employer" for injuries to a subcontractor's employee if that subcontractor doesn't have workers' compensation insurance. To protect yourself, you should always require any subcontractor or independent contractor you hire to provide a certificate of workers' compensation insurance. You should also verify that their coverage remains active for the entire time they are working for you.

Question 26

What are the consequences of not carrying required workers' compensation insurance?

Accepted Answer

Failing to have legally required workers' compensation coverage is a serious and costly mistake. The penalties include: A 10% increase in income benefits owed to the injured worker. An additional 15% penalty for any late payment of benefits. The requirement to pay the employee's attorney's fees. It is a misdemeanor offense. Most importantly, the person at the company responsible for obtaining insurance can be held personally liable for paying the benefits if the business cannot.

Question 27

How can an employer misclassify an employee as an independent contractor?

Accepted Answer

In Georgia, a worker is considered an employee unless they meet three specific criteria to qualify as an independent contractor: There is a contract that intends to create an independent contractor relationship. The worker has the right to control the time, manner, and method of the work. The worker is paid a set price per job or per unit, not hourly or by salary. If you pay someone hourly or dictate their work schedule and methods, they will be considered an employee for workers' compensation purposes, regardless of what their contract says.

Question 28

What should an employer do as soon as an employee reports an injury?

Accepted Answer

You should conduct a thorough investigation immediately. Ask the employee for the specific date, time, and location of the injury. Ask how it happened and if there were any witnesses. If an employee simply calls in to report they are "hurt," always ask if the injury is work-related. Secure and save all evidence, especially any relevant security camera footage. Do not erase video footage, even if it appears to show nothing, as destroying potential evidence can lead to legal sanctions against you.

Question 29

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 30

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 31

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 32

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 33

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 34

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 35

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 36

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 37

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)

Question 38

How are immigration policy changes affecting the labor market?

Accepted Answer

The new administration's increased enforcement of existing immigration laws has led to a significant drop in the number of illegal crossings, effectively "sealing the border," and reducing the pool of available workers, both legal and illegal. This is creating labor shortages for many employers, particularly those in food processing and manufacturing. (04:34)

Question 39

What is the difference between an asylee and an asylum applicant, and how does that affect an employer?

Accepted Answer

An asylee is someone who has been granted asylum status and has indefinite work authorization. An asylum applicant is someone who has applied for asylum but has not yet been granted it; their work authorization is temporary and must be renewed. An employer can identify the difference by looking at the category code on the worker's EAD (Employment Authorization Document): C8 for an applicant and A5 for a granted asylee. (42:37)

Question 40

How can an employer keep track of their employees' work authorization expiration dates?

Accepted Answer

It is recommended that employers use a "tickler system" to keep track of work authorization expiration dates. This system can alert the employer 90, 60, and 30 days before an employee's work authorization expires, allowing the employer to notify the employee and encourage them to apply for an extension. (45:21)

Question 41

What are the pros and cons of an employer getting involved in an employee's immigration process?

Accepted Answer

An employer can, and often should, notify employees of their pending work authorization expiration dates and provide them with resources to find a lawyer. However, if an employer becomes too involved, they may gain "firsthand knowledge" that a worker is unauthorized, which would make the employer liable for immigration violations. (38:02)

Question 42

What are some lawful immigration programs employers can use to find workers?

Accepted Answer

Employers can look to various programs for workers, including: H-1B: for professional-level workers with college degrees. (25:52) H-2A and H-2B: for seasonal agricultural and non-agricultural workers, respectively. (11:02) L-1A and L-1B: for transferring managers/executives or employees with specialized knowledge from international operations. (26:27) TN Visa (under USMCA): for professional-level workers who are citizens of Canada or Mexico. (28:00)

Question 43

Can an employer hire refugees and asylees?

Accepted Answer

Yes. Refugees and asylees can be a good source of labor, and there are non-profit organizations that can help connect employers with these workers. (39:34)

Question 44

Why are employers becoming more reluctant to take public political stands?&nbsp;

Accepted Answer

Employers have become increasingly timid about advocating for political positions because modern public opinion is often split nearly 50/50. Taking a stand may appeal to one half of a workforce or consumer base while completely alienating the other half, potentially leading to massive losses in market value or dual boycotts from both sides of the political spectrum (02:38).

Question 45

Can an employer have a dress code that bans political buttons or apparel?&nbsp;

Accepted Answer

Yes, most current legal rulings suggest that an employer can implement a dress code that limits political paraphernalia in the workplace. This is often done to avoid the contention that arises when one group's insignia (such as Black Lives Matter) leads to demands for opposing insignia to be allowed as well (05:11).

Question 46

Can I fire an employee for complaining about their supervisor on social media?&nbsp;

Accepted Answer

There is no standard "yes" or "no" answer. If an employee's post is a "concerted complaint"&mdash;meaning it involves other employees and relates to working conditions&mdash;it may be protected under the National Labor Relations Act (NLRA). In such cases, the employer generally cannot discipline or terminate the employee for that speech (08:25).

Question 47

What is "concerted activity" under the National Labor Relations Act?

Accepted Answer

Concerted activity refers to group actions or complaints by employees intended for "mutual aid or protection" regarding their working conditions. Section 7 of the NLRA protects these rights, meaning employers cannot punish employees for exercising this form of free speech, even if a union is not involved (09:39).

Question 48

Can an employee be fired if their protest includes offensive or discriminatory language?&nbsp;

Accepted Answer

Yes. While a protest about working conditions may be protected, that protection can be lost if the employee uses speech that is egregiously offensive or violates the company's equal opportunity principles. A well-documented termination must clarify that the discipline is specifically for the unprotected, offensive portion of the conduct (15:30).

Question 49

Does the First Amendment protect free speech in a private workplace?&nbsp;

Accepted Answer

No. The First Amendment limits the government's ability to restrict speech and provides special protections for public (government) employees. It does not apply to private employers, though other laws like the NLRA or state-specific statutes might offer different types of protection (20:00).

Question 50

What is the best way to write a social media policy that is legally defensible?&nbsp;

Accepted Answer

A social media policy should be narrowly tailored to reflect legitimate and substantial business interests. To avoid "chilling" protected speech, it is recommended to include a disclaimer next to sensitive rules stating that the policy will not be applied to prohibit activity protected by Section 7 of the NLRA (21:08).

Question 51

Can I stop employees from posting flyers or messages around the office?&nbsp;

Accepted Answer

Employers have the right to control postings on their facilities. It is legally safer to have a policy that prohibits all postings on company property or confines them to a single, designated bulletin board. Allowing unmonitored postings everywhere can make it difficult to legally restrict controversial or union-related materials later (25:48).

Question 52

Am I required to take action if an employee posts something offensive off-duty?&nbsp;

Accepted Answer

In some cases, yes. If an off-duty social media post is discriminatory or creates a hostile work environment that carries over into the workplace, the employer may have a legal obligation to intervene to prevent harassment or reputational damage (28:14).

Question 53

What should I do first if I see a controversial post by an employee?&nbsp;

Accepted Answer

First, verify the source of the complaint and obtain a permanent record, such as a screenshot, of the post itself, as online content can be easily deleted or edited. Before taking disciplinary action, consider if the issue can be resolved through counseling or "browbeating," which carries less legal risk than termination (34:40).

Question 54

1. What is the new legal standard for denying a religious accommodation request?

Accepted Answer

The new standard, clarified by the Supreme Court in Groff v. DeJoy (2023), requires an employer to show that granting the accommodation would result in "substantial increased costs" in relation to the conduct of its particular business.&nbsp;This replaces the old "de minimis" (minimal cost) standard. (Time: 01:29, 02:05, 11:40)

Question 55

2. Was the Supreme Court's decision in&nbsp;Groff v. DeJoy a close vote?

Accepted Answer

No. The decision was unanimous (nine-zero), which signals that the new standard is solid and not likely to change substantially. (Time: 02:05)

Question 56

3. What is a "sincerely held belief," and why is it important?

Accepted Answer

A "sincerely held belief" is a conviction the employee must demonstrate they genuinely hold as part of their religion. The burden to prove this is on the employee, and a lack of sincerity can be grounds for denying a request. (Time: 02:59, 07:58)

Question 57

4. What is the difference between a financial and an operational undue hardship?

Accepted Answer

Undue hardship is not limited to financial costs. An operational burden can include concrete evidence of significant disruption, such as a long religious garment posing a safety hazard by potentially getting entangled in machinery. (Time: 12:10, 13:08)

Question 58

5. How should an employer handle an employee's request for religious accommodation?

Accepted Answer

Employers should engage in a robust interactive process (similar to the ADA process). This involves analyzing the request, determining the operational impact, and discussing proposed solutions with the employee. Documentation of this process is critical. (Time: 15:45, 16:41)

Question 59

6. If an employee suggests an accommodation, does the employer have to accept it?

Accepted Answer

No. The employee does not get to decide which reasonable accommodation they like best. The employer gets to determine what the reasonable accommodation will be, provided it effectively accommodates the employee's sincerely held belief without causing undue hardship. (Time: 15:05, 15:45)

Question 60

7. Can an employer deny a religious accommodation request if it involves working from home?

Accepted Answer

An employer cannot automatically deny remote work.8 While the employee may argue the company accommodated remote work during COVID-19, the employer must still perform an analysis to determine if working remotely is a reasonable accommodation for that specific job and if it can be done without undue hardship. (Time: 19:23, 22:22)

Question 61

8. Can an employer tell an employee not to wear religious clothing if customers might object?

Accepted Answer

No. The fact that an employer or customers "will not like" an employee wearing religious garb (such as a full turban or head coverings) is not a sufficient reason to deny an accommodation or move the employee to a non-customer-facing role (segregation). (Time: 20:52, 21:30, 28:20)

Question 62

9. What are common examples of reasonable religious accommodations?

Accepted Answer

Common accommodations include flexible scheduling (e.g., swapping days of worship), voluntary shift substitutions or swaps among employees, and job reassignments to a role that does not conflict with the religious practice.&nbsp;(Time: 31:31, 32:44, 35:45)

Question 63

10. Can managers prohibit employees from discussing their religious beliefs at work?

Accepted Answer

No. An employer cannot have a blanket rule prohibiting all talk of religion. However, the employer must enforce a line between allowing discussion and preventing harassment. Conversations must be respectful, and employees must honor another person's request to stop the discussion. (Time: 42:30, 43:26)

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