Feds Getting Heavy on I-9 Enforcement: So Dot Those I’s and Cross Those T’s

by Michael Haberman on July 12, 2010 · 0 comments


I have written several times on the new emphasis that the Feds, specifically the USDOL, the EEOC, the OFCCP, and ICE of Homeland Security, are putting on clamping down on employers. Well I picked up my copy of HRMagazine today and read the column “Federal Enforcers Wield Big Sticks”. Writer Beth Mirza provides more ammunition to what I have been saying. She is talking in particular about the I-9 form. She quotes attorney Mary Pivec, of Keller and Heckman LLP as saying employers are “carrying extreme liability” in their I-9 forms because aggressive agents are “looking for people to prosecute.”

According to Mirza and Pivec the volume of I-9 audits will be stepped up considerably in 2010 and , get this, THEY ARE NOT SEEKING CIVIL REMEDIES, THEY USING CRIMINAL ENFORCEMENT AGAINST EMPLOYERS! This means business owners can have their PERSONAL PROPERTY SEIZED and middle managers (aka HR) can be charged with THE FELONIES OF CONSPIRACY AND HARBORING.

That is not the only arena. Wage and Hour class action suits are on the rise, OSHA is getting very aggressive and seeking criminal remedies and a friend told me today that federal contractors are now being told by the OFCCP that the will be found guilty of discrimination if they source candidates through social media sites since the majority of social media users are white. I have not confirmed the last bit of information, but I will let you know if I do. But the other stuff is fact.

So your HOUSE had better be in order! Unless you think you look good in an orange or blue jumpsuit.

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{ 2 comments… read them below or add one }

Cathy Missildine-Martin, SPHR July 12, 2010 at 1:48 pm

Wow, that social media thing is very interesting as I know many companies that use that as one of their main sources.

Mike why do you think they are clamping down so hard in these 2 areas? I get I-9's but why the applicants/social media.

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Michael D. Haberman, SPHR July 12, 2010 at 2:20 pm

Cathy:
In her speech of about a year ago, and in several speechs of her deputies, Secretary Solis displayed a general antipathy toward business when see announced that employers were thieves. I think that attitude is reflective of her upbringing and union background. It is also reflective of much of the democrat leadership as well. Business is the evil empire which has suppressed workers for too long and it is payback time. At least the unions are hoping so.

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