Mark A Ivener, A Law Corporation

Category: I-9

NLRB Issues Guidance on Compliance Cases

The National Labor Relations Board (NLRB) issued guidance on May 4, 2012, to regions for investigating and litigating compliance issues under Flaum Appetizing Corp., 357 NLRB No. 162 (Dec. 30, 2011). The memo acknowledges that the Supreme Court in Hoffman Plastics Compounds, Inc. v. NLRB, 535 U.S. 137 (2002) concluded that the Immigration Reform and… Read More

USCIS Seeks Public Comment on Revisions to I-9 Employment Eligibility Verification Form

U.S. Citizenship and Immigration Services (USCIS) invites public comment until May 29, 2012, on a revised employment eligibility verification form (I-9). Employers must complete the I-9 for all newly hired employees to verify their identity and authorization to work in the United States. The comment period ends on May 29, 2012. Key revisions to the… Read More

DOJ’s Office of Special Counsel Lists Employer Best Practices During Worksite Enforcement Audits

The Department of Justice’s Office of Special Counsel for Immigration-Related Unfair Employment Practices has released the following do’s and don’ts for employers facing audits (PDF) by U.S. Immigration and Customs Enforcement (ICE): DO: Develop a transparent process for interacting with employees during the audit, including communicating with employees that the employer is subject to an… Read More

California Steel Foundry Fires a Third of Its Workers After I-9 Audit

Pacific Steel Casting Company, based in Berkeley, California, has fired about a third of its workers after U.S. Immigration and Customs Enforcement (ICE) conducted an I-9 work authorization audit in February 2011 and identified about 200 employees allegedly working without legal status. Elisabeth Jewel, a Pacific Steel spokesperson, said, “It’s terribly disruptive. We have highly… Read More

OCAHO Orders Drywall Company To Pay $173,250 in Penalties

The Executive Office for Immigration Review’s Office of the Chief Administrative Hearing Officer (OCAHO) has ordered Ketchikan Drywall Services, Inc., of the Puget Sound area of Washington, to pay penalties for various I-9 violations. Ketchikan was ordered to pay $770 per violation, for a total of $173,250, for violations such as failure to ensure that… Read More